Rossanna Dupin Fray against Sir Colin Blackburn, Knight
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1863 |
| Date | 31 January 1863 |
| Court | Court of the Queen's Bench |
English Reports Citation: 122 E.R. 217
IN THE COURT OF QUEEN'S BENCH AND THE EXCHEQUER CHAMBER
Adopted, Dawkins v. Paulet, 1869, L. R. 5 Q. B. 116. Applied, Anderson v. Gorrie, (1895) 1 Q. B. 671.
rossanna dupin fray against sir colin blackburn, Knight. Saturday, January Slat, 1863.-Judge. Action. Malice.-An action does not lie against a Judge of one of the superior Courts for a judicial act, though it be alleged to have been done maliciously and corruptly. [Adopted, Dawkins v. Paulet, 1869, L. R. 5 Q. B. 116, Applied, Anderson v. Gonie, [1895] 1 Q. B. 671.] The declaration stated that heretofore, to wit on the 28th January, 1862, the defendant, than being one of the Judges of Her Majesty's Court of Queen's Bench, at Westminster, and the plaintiff then being the plaintiff in a certain action depending in the same Court, in which one Henry Edmund Voules was defendant, and certain costs of adjournment of the trial of the same cause being due to the plaintiff from the last named defendant, and the plaintiff having theretofore, to wit, on the 15th January, obtained a rule nisi of the same Court against the said Henry Edmund Voules for the payment of such costs, which rule came on to be argued before the said defendant hereto as Such Judge on the said 28th January, when no sufficient cause was shewn against making the same absolute : Yet the defendant so being such Judge, well knowing the premises and not regarding his duty in that behalf, did refuse to make such rule absolute, and, on the contrary [577] thereof, did discharge the same rule with costs, contrary to law: by means...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Ernst v. Alberta Energy Regulator,
...refused, [2000] 2 S.C.R. xiv; Garnett v. Ferrand (1827), 6 B. & C. 611, 108 E.R. 576; Fray v. Blackburn (1863), 3 B. & S. 576, 122 E.R. 217; Royer v. Mignault, [1988] R.J.Q. 670; Canada (Attorney General) v. Slansky, 2013 FCA 199, [2015] 1 F.C.R. 81; Ontario (Energy Board) v. Ontari......
-
SC SC 120/2009
...or prosecutorial misconduct. Cases often relied upon as authoritative statements of its scope include Fray v Blackburn (1863) 3 B & S 576, 122 ER 217 (KB) and Sirros v Moore [1975] QB 118 (CA). See the reliance on these cases in the judgment of Henry J in Gazley v Lord Cooke of Thorndon [19......
-
Sirros v Moore
... ... jurisdiction - Civil action fop damages against judge - Action not maintainable where judge ... 23 ... Fray v. Blackburn ( 1863 ) 3 B. & S. 576 ... ...
-
Ming v Greaves (Magistrate)
...of a superior court could not be sued for what he did whilst acting within his jurisdiction: Fray v BlackburnENRENR(1863) 3 B & S 576; 122 ER 217; Anderson v GorrieELR[1895] 1 QB 668. [10] The rationale for the rule was explained by Lord Bridge of Harwich in McC v MullanUNK[1984] 3 All ER 9......
-
Courts 2
...N.L.R. (Pt.1) 106 at Pp. 116, 123-124; Anderson v. Gorrie & Ors. (1895) 1 Q.B. 668 at Pp.670-671 per Lord Esher, M.R.; Fray v. Blackburn 122 E.R. 217 per Crompton, J. Sirros v. Moore (1974) 3 W.L.R. 459 at P. 460 per Lord Denning; Egbe v. Adefarasin (1985) 1 N.W.L.R. (Pt. III) 549 or (1985)......