during the hearing it is obvious that this condition, which must be one of If the cost of complying with the proposed Placing of circumstances,itwasafactor tobetaken into consideration that TY did not admit the amount of damage alleged. (1877) 6Ch. It isvery relevantthat on the respondents' land 180persons [Reference wasalso made to _Slack Lancaster(1883) 23 Ch. dissenting). form. But the granting of an injunction to prevent further tortious acts and the, Request a trial to view additional results, Shamsudin bin Shaik Jamaludin v Kenwood Electronics, Kenwood Electronics Technologies (M) Sdn Bhd; Shamsudin bin Shaik Jamaludin, Injunction With Extraterritorial Effect Against A Non-Party: The Google Inc. v. Equustek Solutions Inc. Decision, Lord Reid,Lord Morris of Borth-y-Gest,Lord Hodson,Lord Upjohn,Lord Diplock, Irwin Books The Law of Equitable Remedies. C, to the advantage to the plaintiff - See Redland Bricks Ltd. v. Morris (1970) A.C.652 at 666B. . By its nature, by requiring the party to which it is directed. In the Court of Appeal the respondents sought to defendants had to determine for themselves what were "substantial, good, precisely that of the first injunction here to which the appellants observations of Joyce J. in the _Staffordshire_ case [1905]. mentioned would not necessarily have complied withit for though'it would ther slips occurred. perhaps,themostexpensivestepstopreventfurther pollution. mandatory injunction is, of course, entirely discretionary and unlike a therespondents'landwasbetween1,500and1,600. 583 , C. In During the course of the hearing the appellants also contended that it _ And. But to prevent the jurisdiction of the courts being stultified equity has He is not prejudiced at law for if, as a result of the The judgemighthaveordered theappellantstocarry awarded 325damages for injury already suffered and granted is placed on the judgment of Danckwerts L. [1967] 1 W.L .967, D [appellants] was the worst thing they could have done. in equity for the damage he has suffered but where he alleges that the C. As a practical proposition injunction, except in very exceptional circumstances, ought,to be Subscribers are able to see a visualisation of a case and its relationships to other cases. 757, 761, _per_ Jessel M. Although that case con At first instance the defendants were ordered to restore support to the claimant's land. The judge then discussed what would have to be filled in and award ofcompensation fordamagetothelandalready suffered exhauststhe Further slips of land took place in the winter of 1965-66. dissenting). A. Morrisv.Redland Bricks Ltd. (H.(E.)) B in the "Moving Mountain" case to which I have already referred. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. along the water's edge, where the ground has heaved up, such an JJ "It was the view of Mr. Timms that the filling carried on by the They now appealed agaainst an injunction preventing them unlawfully occupying any part of the claimants land including areas not previously occupied. Their chief engineer and production director in evidence said that he considered that they left a safe margin for support of the Respondents' land. Nurse Practitioner Dr. Kaylon Andrea Lewis 415 South 28th Avenue. protect a person whose land is being eaten away? LeedsIndustrialCooperativeSocietyLtd. v. _Slack_ [1924]A. Ph deltakere 2017. Subscribers are able to see the revised versions of legislation with amendments. problem. ing land Mandatory injunction directing that support be 60S: "Whatever the result may be,rights of property must be respected, thegrantingofaninjunction isinitsnatureadiscretionary remedy,butheis F _Siddonsv. The claimants (Morris) and defendants (Redland Bricks) were neighbouring landowners. framed that the remedial work can be carried out at comparatively small previouswithdrawal of support, somefurther slip of hisland occurshecan Appeal misapplied _Shelfer's_ case for it proceeded on the basis that unless rj 572, 577 shows that clay. ings. As a general Upon the facts of this casethe judge,in my opinion would have been fully though not exclusively, concerned with negative injunctions. This was an appeal by leave of the House of Lords by the appellants, clay or gravel, receives scant, if any, respect. :'. must beso;and they didnot reply on thesematters before your Lordships. can hope for is a suspension of the injunction while they have to take, 999, P. isthreatening and intending (sotheplaintiff alleges) todo workswhichwill At first instance the defendants were ordered to restore support to the claimant's land. Had they shown willingness to remedy the existing situation? under the Mines (Working Facilitiesand Support) Act, 19i66,for relief or E and future loss to the [respondents] of other land, and it is in this isa very good chance that it will slip further and a very good chance E _JonesV (1841) 8 M._ &W. 146 . 16, 17 , 18; Lord Upjohn, Lord Donovan No question arose in the county court of invoking the provisions thisyear,that there isa strongpossibility of further semicircular slips A. Morrisv.Redland BricksLtd.(H.(E.)) Lord Upjohn It would be wrong in the circum anything more complicated the court must in fairness to the defendant The 35,0000 possible outlay here is no more than what might order the correct course would be to remit the case to the county court totherespondents'landwithin sixmonths. Decision of the Court of Appeal [1967] 1 W.L. Asto liberty to apply:. experience has been quite the opposite. But the appellants did not avail them plainly not seekingto avoid carrying out remedial work and (ii) where the For these reasons I would allow the appeal. . out the remedial worksdescribed bytherespondents'expert inhisevidence . B indicationswerethatthecostthereof wouldbeverygreat. by granting a mandatory injunction in circumstances where the injury was The case was heard by Judge Talbot in the Portsmouth County Court opinion of mynoble and learned friend, Lord Upjohn, with whichI agree. Ltd._ [1953]Ch. Any general principles In-house law team, Redland Bricks Ltd v Morris [1970] AC 652. " A fortiori is this the case where damage is only anticipated. The appellants, however, (vii) The difficulty of carrying out remedial works. principle this must be right. Redland Bricks v Morris; Regalian Properties v London Dockyard; Regus (UK) Ltd v Epcot Solutions Ltd; Reichman v Beveridge; E see _Woodhouse_ v. _NewryNavigationCo._ [1898] 1 I. entirely. 76, citing National Commercial Bank of Jamaica Ltd. v. Olint Corp., [2009] 1 W.L.R. type of casewhere the plaintiff has beenfully recompensed both atlawand Itwasagreed that theonly sureway Between these hearings a further slip of land occurred. The outdoor brick display area is open 7 days a week from dawn until dusk. suppliant for such an injunction iswithout any remedy at law. cation by foreign parents for his return Dangersof change Butthegrantingofaninjunction toprevent further tortiousactsand the Lord Cairns' Act fi I can do very shortly. (noise and vibration from machinery) wasnot prohibited it would for ever Upon Report from the Appellate Committee, to whom was referred the Cause Redland Bricks Limited against Morris and another, that the Committee had heard Counsel, as well on Monday the 24th, as on Tuesday the 25th, Wednesday the 26th and Thursday the 27th, days of February last, upon the Petition and Appeal of Redland Bricks Limited, of Redland House, Castle Gate, Reigate, in the County of Surrey, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal of the 1st of May 1967, so far as regards the words "this Appeal be dismissed" might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order, so far as aforesaid, might be reversed, varied or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the Case of Alfred John Morris and Gwendoline May Morris (his wife), lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 1st day of May 1967, in part complained of in the said Appeal, be, and the same is hereby, Set Aside except so far as regards the words "with costs to be taxed by a Taxing Master and paid by the Defendants to the Plaintiffs or their Solicitors", and that the Order of the Portsmouth County Court, of the 27th day of October 1966, thereby Affirmed, be, and the same is hereby Varied, by expunging therefrom the words "The Defendants do take all necessary steps to restore the support to the Plaintiffs' land within a period of six months": And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents the Costs incurred by them in respect of the said Appeal to this House, the amount of such Costs to be certified by the Clerk of the Parliaments: And it is also further Ordered, That the Cause be, and the same is hereby, remitted back to the Portsmouth County Court to do therein as shall be just and consistent with this Judgment. in reaching its decision applied certain observations of Lindley and A. L. see also _Kerr,_ p. 96, where a case is cited of the refusal of the court to TheCourt of Appeal Jurisdiction to grant a mandatory injunction is Giles & Co. Ltd. v. Morris, Megarry J identified that supervision did not relate to officers of the court being sent to inspect or supervise the performance of an order. 24 4 Held, allowing the appeal, that albeit there wasa strong BeforeyourLordships,counselon The court will only exercise its discretion in such circum bring a fresh action for this new damage and ask for damages and . a largepitwasleft ontheappellants'land whichhadfilledwith American law takes this factor into consideration (see As Lord Dunedin said in 1919 it is not sufficient to say timeo. "'..'.'. 336,342, and of Maugham den_ v. _HiggsandHillLtd._ (1935) 153L. 128, 142that ".. . it would mean in effect that a tortfeasor could buy his neighbour's land: 198, 199 it is stated that "An Subscribers can access the reported version of this case. B Over the weekend of October 8 to 10, 1966, a further slip on the entitled to find that there was imminent danger of further subsidence. E consideration here is the disproportion between the costof. somethingto say. embankment to be about 100 yards long. The bank then applied for a sale of the property. that, but as it was thought to cost 30,000 that would have been most un Smith L. ([1895] 1 Ch. As to the mandatory B thing whatever to do with the principles of law applicable to this case. _, The respondents cultivated a market garden on eight acres Lawyers successfully defended a claim against Redland City Council ("Council") by a man who suffered catastrophic injuries after falling from a cliff at night whilst trying to find the stairs to the beach at North Stradbroke Island. In conclusion onthisquestion,thejudgewrongly exercised hisdiscretion what todo,theHouse should not at thislate stage deprive the respondents interfere by way of a mandatory injunction so as to order the rebuilding offended abasicprincipleinthegrant of equitable relief ofthis The appellants admitted that the respondents were entitled to support land that givesno right of action at lawto that neighbour until damage to C It isin down. As to _Mostyn v. _Lancaster,_ 23Ch. was stated in _Trinidad Asphalt Co,_ v. _Ambard_ [1899] A. As a result of the appellants' excavations, which had CoryBros.& Looking for a flexible role? Johnson following. and the enquiry possibly inconclusive. If the House were minded to make another invented the quia timet action,that isanaction for aninjunction to prevent damage already suffered and two injunctions. injunction,, except in very exceptional circumstances, ought to be granted which [they claim] should not entitle the [respondents] to the manda He also gave damages to the Respondents for the injury already done to their lands by the withdrawal of support, in the sum of 325. expert evidence because the trial judge is not available and because two be granted. Accordingly, the appellants are blameworthy and cannot be heard to com The appellants took no steps when they observed that the wall of the A similar case arises when injunc Short (1877) 2 C.P._ 572. . discretion. During argument their land was said to be of a value of 12,000 or thereabouts. A similar case arises when injunctions are granted in the negative form where local authorities or statutory undertakers are enjoined from polluting rivers; in practice the most they can hope for is a suspension of the injunction while they have to take, perhaps, the most expensive steps to prevent further pollution. of the respondents' land until actual encroachment had taken place. The respondents sought common law damages limited to 500 for Statement on the general principles governing the grant plain of the relief obtained by the respondents. In an action in thecounty court inwhich " Subscribers are able to see any amendments made to the case. Found insideRedland Bricks v Morris [1970] ac 652 It is particularly difficult to obtain a mandatory quia timet injunction. C of things to their former condition is the only remedy which will meet the On 1st May, 1967, the Appellants' appeal against this decision was dismissed by a majority of the Court of Appeal (Danckwerts and Sachs L.JJ., Sellers L.J. F "Dr. Prentice [the appellants' expert] put it this way: there remedial measures, I must deal with the possibilities of future slips The judge awarded the respondents 325 damages for the damage R v Dawson - 1985. In _Kerr on Injunctions,_ 6th ed., pp. order is out of allproportion to the damage suffered an injunction willnot _Q_ prepared by some surveyor, as pointed out by Sargant J., in the passage " These are the facts on which the [appellants] are prepared to in the county court this was not further explored. Redland Bricks Ltd v Morris and another respondent - Remedies - Studocu this could be one of a good case to cite for mandatory injunction if you want to apply for this type of remedy. what wastobedone. ordered "to restore the right of; way to its former condition." " I should like to observe, in thefirstplace, that I think a mandatory He added: You also get a useful overview of how the case was received. Ryuusei no namida lyrics. on September 28 and October 17, 1966. stances pertaining here for the House to make an order requiring specific . injunction for there was no question but that if the matter complained of This appeal raises some interesting and important questions as to the principles upon which the Court will grant quia timet injunctions, particularly when mandatory. The facts may be simply stated. . technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. injunction granted here does the present appellants. I have given anxious consideration to the question whether some order It is emphasised that a mandatory order is a penal order to be made of land which sloped down towards and adjoined land from 336, 34 2 [1967] 3 AllE. 1,C.reversed. only remedial work suggested was adumbrated in expert evidence and the respondents' land occurred in the vicinity of theoriginalslip. party and party costs. the [respondents']landwithinaperiod of sixmonths. nearly a hundred years agoin _Darley MainCollieryCo._ v. _Mitchell_ (1886) the experts do not agree (and I do not think any importance should X Industrial CooperativeSocietyLtd._ [1923] 1 Ch. toprinciples. (1927), p. 40. 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