The Winkfield

JurisdictionEngland & Wales
Judgment Date16 December 1901
Date16 December 1901
CourtCourt of Appeal
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99 cases
  • Colour Quest Ltd v Total Downstream UK Plc [QBD (Comm)]
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 20 Marzo 2009
    ...title asserted was a right to possession. If established, would this be sufficient to afford title to sue? 492 The issue first emerged in The Winkfield [1902] P 42. The claim was by the Postmaster-General in regard to mail bags that had been lost in a collision. The claim was against the no......
  • Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another
    • Singapore
    • High Court (Singapore)
    • 22 Agosto 2005
    ...Regional Hospital Board [1973] 1 WLR 601; [1973] 2 All ER 260 (folld) Voaden v Champion [2002] 1 Lloyd's Rep 623 (refd) Winkfield, The [1902] P 42 (folld) Evidence Act (Cap 97, 1997 Rev Ed) ss 32, 67 (consd);ss 12, 35 (1), 35 (6), 35 (10) (b), 64, 66 Rules of Court (Cap 322, R 5, 2004 Rev E......
  • Chua Wah Keow v Ng Ho Huat and Another
    • Singapore
    • Court of Appeal (Singapore)
    • Invalid date
  • Worthington v Tipperary County Council
    • Ireland
    • Court of Appeal (Ireland)
    • 27 Febrero 1920
    ... ... All the cases on this point were considered in the elaborate judgment of Collins M.R., concurred in by Stirling and Matthews L.JJ., in the case of The Winkfield (4) ... That was a claim by the Postmaster-General as bailee of letters and parcels which were lost in transit by post by reason of the "Winkfield"being run down by another ship. Collins M.R. sums up the effect of the authorities as follows:—"I think I have now shown by authority that the root ... ...
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5 books & journal articles
  • Security for performance
    • United Kingdom
    • Construction Law. Volume II - Third Edition
    • 13 Abril 2020
    ...has deliberately conducted itself in a manner inconsistent with the contractor’s right so as to deprive it of possession: he Winkield [1902] p 42; Bolwell Fibreglass Pty Ltd v Foley [1984] Vr 97 at 98–99, per Young CJ. 529 Barclays Mercantile Business Finance Ltd v Sibec Developments Ltd [1......
  • Adrift on a sea of troubles: cross-border art loans and the specter of ulterior title.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 38 No. 4, October 2005
    • 1 Octubre 2005
    ...to show that a third party has a better right than the plaintiff); O'Sullivan v. Williams, [1992] 3 All E.R. 385 (Eng.); The Winkfield [1902] P. 42 (Eng.) (holding that a bailee had no claim against the wrongdoer if the bailor as first plaintiff had (159.) UNESCO Convention, supra note 80. ......
  • RIGHTS UNDER BILLS OF LADING: TRAWLING THROUGH SINGAPORE WATERS
    • Singapore
    • Singapore Academy of Law Journal No. 2006, December 2006
    • 1 Diciembre 2006
    ...that his interest in the goods is limited or he has a valid defence against the bailor. In this regard, Selvam J applied The Winkfield[1902] P 42. 153 Supra n 150, where Lai Kew Chai J held that the bank as pledgees were entitled to possession of the goods represented by the bills of lading......
  • Taking Body Parts To The Cashier: Are The Courts Too Slow To Register?
    • Australia
    • University of Western Australia Law Review No. 40-1, December 2015
    • 1 Diciembre 2015
    ...10. 7Austin J, The Province of Jurisprudence Determined, 5th ed, (1885), 789. 8Gatward v Alley (1940) 40 SR (NSW) 174, 179; The Winkfield [1902] P 42 (CA), 54-5. 9Pollock, Sir F and Wright, Sir R S, An Essay on Possession in the Common Law, Clarendon Press, Oxford, (1888), 12; Perpetual Tru......
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