The Carlgarth ; The Otarama
| Jurisdiction | England & Wales |
| Judgment Date | 09 December 1926 |
| Date | 09 December 1926 |
| Court | Court of Appeal |
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24 cases
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Attorney General v Northern Petroleum Tank Company
... ... In regard to this matter I may be permitted to quote the pertinent remarks of Scrutton L.J. in the case of The Carlgarth (3) .He said: "In a highway one proceeds by physical contact, but in water one proceeds by floating along in the water, and it is only in special ... ...
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Clark (Inspector of Taxes) v Perks (No 2); MacLeod (Inspector of Taxes) v Same; Guild (Inspector of Taxes) v Newrick and Another
...was "not convinced that the learned judge below was wrong", and he considered it impossible to lay down a satisfactory definition ( (1926) 26 Ll.L.Rep p203). 42 Those examples show that, so long as "navigation" is a significant part of the function of the structure in question, the mere fac......
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Tomlinson v Congleton Borough Council and another
...all. He became a trespasser, to whom no duty under the 1957 Act is owed. The Council cited a famous bon mot of Scrutton LJ in The Calgarth [1927] P. 93, 110: "When you invite a person into your house to use the staircase, you do not invite him to slide down the banisters". This quip was use......
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James Spearman (A Protected Party by his Brother and Litigation Friend, Andrew Spearman) v Royal United Bath Hospitals NHS Foundation Trust
...was, therefore, no longer an invitee or visitor but a trespasser. 43. To use the famous example of Lord Justice Scrutton in The Calgarth [1927] P 93 at page 110: "When you invite a person into your house to use the staircase, you do not invite him to slide down the banisters – you invite hi......
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1 firm's commentaries
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BLG Monthly Update December 2011
...into the bar. The judge reached these conclusions with regret, but couldn't help echoing the words of an older case (The 'Carlgarth' [1927] P 93): 'When you invite a person into your house to use the staircase, you do not invite him to slide down the banisters, you invite him to use the sta......
4 books & journal articles
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Shopping in the Public Realm: A Law of Place
...community garden,428100 per Lord Camden CJ in Entick v. Carrington (1765) 19 How. St. Tr. 1029, 1066. 101 per Scrutton LJ in The Calgarth [1927] P 93, 110.102 K. Gray and S.F. Gray, Elements of Land Law (2008, 5th edn.) 1261. For anextensive and erudite exposition of the law, see ch. 10. 10......
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OKAGBUE & 2 ORS. V. ROMAINE
...the appellant's complaints on this ground of appeal are dismissed. CASES REFERRED TO IN JUDGMENT: 1. The Carlgarth: The Otamara (1927) p.93, 110-111. 2. HiIlen & Pettigrew v. I.C.I. (Alkali) Ltd. (1936) A.C. 65 at 69. 5 3. Banigo v Banigo (1942) 8 W.A.C.A. 148 at 151. 4. Emegokwe v. Okadigb......
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Computer Misuse: Denial-of-Service Attacks
...of implied consent that is seen in other areas ofThe Journal of Criminal Law476 both criminal and civil law. For instance, in The Calgarth [1927] P 93,Scrutton LJ famously remarked: ‘when you invite a person into yourhouse to use the staircase, you do not invite him to slide down thebaniste......
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Householders and Self-defence: Understanding a Defendant’s Belief That the Victim Is a Trespasser: R v Cheeseman [2019] EWCA Crim 149
...became trespassers uponstealing several television sets. One could even refer to the oft-cited quote from Scrutton LJ in TheCalgrath [1927] P 93, namely ‘When you invite a person into your own to use the staircase you do notinvite him to slide down the bannisters’. In this sense, it is not ......