Powell v Kempton Park Racecourse Company, Ltd
| Jurisdiction | UK Non-devolved |
| Judgment Date | 14 March 1899 |
| Judgment citation (vLex) | [1899] UKHL J0314-2 |
| Court | House of Lords |
| Date | 14 March 1899 |
[1899] UKHL J0314-2
House of Lords
After hearing Counsel, as well on Thursday the 5th as Friday the 6th and Tuesday the 17th days of May 1898, upon the Petition and Appeal of Charles Edward Powell, of Salcombe House, Half Moon Lane, Herne Hill, in the county of Surrey, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 5th of July 1897, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises, as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed Case of the Kempton Park Racecourse Company, Limited, lodged in answer to the said Appeal: And due consideration being had this day of what was offered on either side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 5th day of July 1897, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellant do pay, or cause to...
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...in the preamble. The preamble cannot, therefore, be used to qualify or cut down the enactment: Powell v Kempton Park Racecourse Co Ltd [1899] AC 143, 157 per Earl of Halsbury 67 It was in any event necessary for the 1855 Act to apply to consignees as well as to endorsees if many of the prob......
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