Willoughby v Eckstein

JurisdictionEngland & Wales
Date1936
CourtCourt of Appeal
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5 cases
  • Baird Textile Holdings Ltd v Marks and Spencer Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 February 2001
    ...Mummery J in Bristol & West BS v Turner [1991] 2 EGLR 52, 54 that the duty of this court is to apply the law as it stands. See also Willoughby v Eckstein [1936] 1 All ER 650 and Derby v Weldon (No.3) [1989] 3 All ER 118, 124. It must follow that it cannot be a compelling reason for requirin......
  • Baird Textile Holdings Ltd v Marks & Spencer Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 February 2001
    ...v MaherUNK (1988) 164 CLR 387. Western Fish Products Ltd v Penwith District CouncilUNK [1981] 2 All ER 204. Willoughby v EcksteinUNK [1936] 1 All ER 650. Wilson v Partenreederei Hannah BlumenthalELR [1983] AC 854. Woodhouse AC Israel Cocoa Ltd SA v Nigerian Produce Marketing Co LtdELR [1972......
  • G & S Brough Ltd v Salvage Wharf Ltd and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 January 2009
    ...or diminish the light… enjoyed by the lessee…” This was held to be an agreement within section 3. 92 Willoughby v Eckstein (No 2) [1937] Ch 167 is another example of the second category. The clause in the lease excluded “any rights of light… over other ground” and was “subject… to the ad......
  • RHJ Ltd v FT Patten (Holdings) Ltd
    • United Kingdom
    • Chancery Division
    • 13 July 2007
    ... ... during the interim period and accordingly (as provided in Section 3) preclude any easement arising by prescription under the Act (see Willoughby" v Eckstein [1937] Ch 167 ).” ... 12 Mr Francis fastens on that part of Lightman J's summary which speaks of \xE2\x80" ... ...
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