Phosphate Sewage Company v Molleson
| Jurisdiction | UK Non-devolved |
| Judgment Date | 22 June 1876 |
| Court | House of Lords |
| Docket Number | No. 11. |
| Date | 22 June 1876 |
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66 cases
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Ashmore v British Coal Corporation
...the court is that it "should entirely change the aspect of the case". This was the test propounded by Lord Cairns L.C. in Phosphate Sewage Company Limited v. Molleson 4 App.Cas. 701 at page 814 and adopted by Goff L.J. in McIlkenny v. Chief Constable of the West Midlands (1980) 1 Q.B. 283 a......
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Ridgewood Properties Group Ltd and Others v Kilpatrick Stockton Llp and Others
...unfair to the Defendants? 50 Would it bring the administration of justice into disrepute? 51–57 Does the new evidence satisfy the Phosphate Sewage test? 58–59 Conclusion 60 The Defendants' application for summary judgment 61–88 Principles applicable to summary judgment applications 62–63 Th......
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Smith v Linskills (A Firm)
...…: Ladd v Marshall [1954] 1 WLR 1489, 1491): the new evidence must be such as "entirely changes the aspect of the case": Phosphate Sewage Co Ltd v Molleson (1879) 4 App. Cas. 801, 814; Hunter at 545 E. Mr Nicol relied on this exception to the general rule, putting his argument in two ways. ......
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Joseph Ackerman v Andrew Robert Thornhill QC and Others
...time that the first judgment was given. 66 One of the earliest statements of principle in this regard was that of Lord Cairns in Phosphate Sewage Co. v Molleson (1879) 4 App Cas 801. The claimant company alleged that it had been a victim of a fraud by the members of a Scottish firm, and lod......
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1 books & journal articles
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Litigation
...Co of Canada v Lincoln National Life Assurance Co [2004] EWCA Civ 1660 at [53], per Mance LJ. 1396 Phosphate Sewage Co v Molleson (1879) 4 App Cas 801 at 814, per Lord Cairns LC; North West Water Authority v Binnie (1989) 30 Con LR 136; Arnold v National Westminster Bank plc [1991] 2 AC 93 ......