Roe v Russell

JurisdictionEngland & Wales
Date1928
Year1928
CourtCourt of Appeal
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15 cases
  • Jaffnese Co-Operative Society Ltd; United India Fire & General Insurance Company Ltd
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
  • Smith's (Henry) Charity (Trustees of) v Willson
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 May 1982
    ...8 It follows from the personal nature of a statutory tenancy that it cannot be assigned: see for example the Oak Property case at p.894; Roe v. Russell (1928) 2 KB 117 at p.126 per Scrutton L.J., at p.134 per Sargent L.J. and at p.139 per Eve J.). Paragraph 13 Schedule 1 to the 1977 Act con......
  • Cadogan Estates Ltd v McMahon
    • United Kingdom
    • House of Lords
    • 26 October 2000
    ...given rise. They include the observations that the Acts had "not been framed with any scientific accuracy of language" (Sargant L.J. in Roe v. Russell [1928] 2 K.B. 117, 138) and that it was essential "that, wherever possible, [they] should be construed in a broad, practical, common-sense m......
  • Leith Properties Ltd v Byrne
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 June 1982
    ...the tenancy agreement contained no prohibition against sub-letting. In this context, he relied on a dictum of Eve J. in Roe v. Russell (1928) 2 KB 117 at p.141, where he said this in relation to the Increase of Rent and Mortgage Interest Restrictions Act 1920 ("the 1920 Act") and the Rent a......
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3 books & journal articles
  • PAN ASIAN AFRICAN CO. LTD. V. NICON
    • Nigeria
    • DSC Publications Online Nigerian Supreme Court Cases. 1982 Cases reported in 1982
    • 22 November 2022
    ...other has no estate whatsoever but only a right to possession of the property concerned see also: Sargant L.J. in Roe vs. Russell 40 (1928) 2 K.B. 117. The contention on behalf of the respondents that there is no landlord and tenant relationship between them and the appellants is, therefore......
  • Of Law Commissioning
    • United Kingdom
    • Edinburgh Law Review No. , May 2013
    • 1 May 2013
    ...and workable. Were that to happen, the UK Government and indeed the Scottish Government would be in trouble. In Roe v Russell,162162[1928] 2 KB 117 at 130. Lord Justice Scrutton, sitting in the Court of Appeal, said:163163If this was an attack on statute law it was misconceived. It was also......
  • CONTRACTUAL TENANT AND STATUTORY TENANT
    • Nigeria
    • DSC Publications Online Sasegbon’s Judicial Dictionary of Nigerian Law. First edition C
    • 24 January 2019
    ...the other has no estate whatsoever but only a right to possession of the property concerned (See also Sargant L.J. in Roe v. Russell (1928) 2 K.B. 117." - Per Idigbe, J.S.C. in Pan Asian African Co. Ltd. v. N.I.C.O.N. Ltd. Suit No. S.C. 12/1982; (1982) 13 N.S.C.C. 293 at...

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