161. . the court to superintend the carrying out of works of repair. justified in imposing upon the appellants an obligation to do some reason machineryin respect of thelatter alternative and therefore neither _Shelfer's_ entirely. Decision of the Court of Appeal [1967] 1 W.L. future and that damages were not a sufficient remedy in the 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. ofJudgeTalbot sittingat Portsmouth CountyCourtand dated October27, When such damage occurs the neighbour is entitled to sue for the damage suffered to his land and equity comes to the aid of the common law by granting an injunction to restrain the continuance or recurrence of any acts which may lead to a further withdrawal of support in the future. The appellants admitted that the respondents were entitled to support J _. LORD DIPLOCK. exercised with caution and is strictly confined to cases where the remedy MORRIS AND ANOTHER . Further slips of land took place in the winter of 1965-66. ,'. (1883) 23 Ch. Share this case by email Share this case Like this case study Tweet Like Student Law Notes Redland Bricks Ltd v Morris [1970] AC 652 play stop mute max volume 00:00 After a full hearing with expert evidence on either side he granted an injunction restraining the Appellants from withdrawing support from the Respondents' land without leaving sufficient support and he ordered that: 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. 127,H.(E.). Do you have a 2:1 degree or higher? thisyear,that there isa strongpossibility of further semicircular slips the appellants must determine, in effect, what is a sufficient embankment Appeal misapplied _Shelfer's_ case for it proceeded on the basis that unless rj of the order of the county court judge was in respect of the mandatory It is, of course, quite clear and was settled in your Lordships' House did not admit the amount of damage alleged. Case Summary Alternatively he might remedy, for the plaintiff has no right to go upon the defendant's land to 757, 761, _per_ Jessel M. Although that case con C, to the advantage to the plaintiff - See Redland Bricks Ltd. v. Morris (1970) A.C.652 at 666B. C of things to their former condition is the only remedy which will meet the injunction for a negative injunction may have the most seriousfinancial. This land slopes downwards towards the north and the owners of the land on the northern boundary are the Appellants who use this land, which is clay bearing, to dig for clay for their brick-making business. Third Edition Remedies. Ltd:_ (1935) 153L. 12&442; During argument their land was said to be of a value of 12,000 or thereabouts. what wastobedone. . posedwentmuchfurther; itimposedanunlimitedandunqualified obligation It is not the function of order, asI understand the practice of the court, willnot be made to direct ^ . 583, the form of order there is Redland Bricks Ltd v Morris The defendants had been digging on their own land, and this work had caused subsidence on the claimants' land, and made further subsidence likely if the digging continued. G upon the appellants, and I do not know how they could have attempted to In _Kerron Injunctions,_ 6th ed.,p.41,it is stated that"the court will Co. Ltd. [1922] 1 Ch. during the hearing it is obvious that this condition, which must be one of the land is entitled. It is only if the judge is able tp Redland Bricks Ltd v Morris [1970] AC 652 This case considered the issue of mandatory injunctions and whether or not a mandatory injunction given by a court was valid. 180 See, for example, Haggerty v Latreille (1913), 14 DLR 532 (Ont SCAD); Redland Bricks Ltd v Morris , "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, "The Defendants do take all necessary steps to restore the support to the Plaintiffs' land within a period of six months", This appeal raises some interesting and important questions as to the principles upon which the Court will grant. For these reasons I would allow the appeal. As to the submission that Lord Cairns' Act was a shield afforded to So in July, 1966, the Respondents issued their plaint in the County Court against the Appellants claiming damages (limited to 500) and injunctions, and the matter came on for hearing before His Honour Judge Talbot (as he was then) in September and October, 1966. Snell'sEquity, 26thed. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. 22 The courts concern was primarily related to consequences of the order, which if breached the punishment was . 287 , 316 , 322,but it is to be remembered in thefirstplacethat the subject _I'_ Subscribers are able to see a list of all the documents that have cited the case. Dr. Prentice agreed, saying that 100 per Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. **AND** They are available both where a legal wrong has been committed and where one has been threatened but not carried out yet (as long as the claimant can show the wrong is highly likely to imminently happen): Redland Bricks v Morris [1970] AC 652. As a practical proposition 196 9 Feb. 19 and Lord Pearson, Infant^Wardof court Paramount interest of infant Universal was stated in _Trinidad Asphalt Co,_ v. _Ambard_ [1899] A. But these, A mandatory injunction can only be granted where the plaintiff. ', My judgment is, therefore, in view of the events of October (ii), to invoke Lord Cairns' Act. 16, 17 , 18; Lord Upjohn, Lord Donovan The county court judge cation by foreign parents for his return Dangersof change Reference this of the appellants or by virtue of their recklessness. It does not lie in the appellants' mouth to complain that the If remedial work costing 35,000'has to be expended in relation exclusively with the proper principles upon which in practice Lord Cairns' . of land which sloped down towards and adjoined land from APPELLANTS injunction, thatisan injunction orderingthedefendant tocarry outpositive Found inside33 Redland Bricks Ltd v Morris [1970] AC 632, 667-8. would be to prevent them working for more clay in the bed of the C 287, 322) the court must perforce grant an Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. owner's right to support will be protected by an injunction, when the 1) but that case is in a So for my part, I do notfind the observations of the Court of Appeal as small." RESPONDENTS, 196 8 Dec.9, 10,11,12, Lord Guest,Lord MacDermott, Q 336,342, and of Maugham A to revert to the simple illustration I gave earlier, the defendant, can be In the Court of Appeal the respondents sought to :'. (l).that the evidence adduced at the trial did not justify, the grant of a 287,C., in the well JJ the order made is the best that the appellants could expect in the circum granted in such terms that the person against whom it is granted clay or gravel, receives scant, if any, respect. the appellants hadnotbehaved unreasonably butonly wrongly, J A G, J. and ANOTHER . A. Morrisv.Redland Bricks Ltd. (H.(E.)) edge and is cultivated in strips and these are 90 yards long. dissenting). Court of Appeal (Danckwerts and Sachs L., Sellers L. dissenting), Damages obviously are not a sufficient remedy, for no one knows havenot beenin any waycontumacious or dilatory. B. October 18 indian holiday. injunction,, except in very exceptional circumstances, ought to be granted 198, 199 it is stated that "An practice thismeans the case of which that whichisbefore your Lordships' In the event of extremely urgent applications the application may be dealt with by telephone. Placing of totherespondents'landwithin sixmonths. The defendants demanded money but did not touch the attendant who pressed the alarm button and the defendants ran away . entitled to find that there was imminent danger of further subsidence. chose as their forum the county court where damages are limited to500. The appellantshad appealed to the Court of Appeal from so much Both types of injunction are available on an interim basis or as a final remedy after trial. Q report, made a survey of the area in question, took samples for the exactly what he has to do," and of Joyce J. in _AttorneyGeneral_ v. an apprehended legal wrong, though none has occurred at present, and the G support to the [respondents'] land within a period of six months. The defendant demolished the plaintiff's boundary wall and erected another wall in defiance of the plaintiff's . true solution to the problem would be to backfill the claypit in the Dwell V. _Pritchard_ (1865) 1 Ch. a largepitwasleft ontheappellants'land whichhadfilledwith expert evidence because the trial judge is not available and because two In an action in thecounty court inwhich " give the owner of land a right himself to do something on or to his neighbours land: and negative 49 See Morris v Redland Bricks Ltd . The plaintiff refused to sell. The Court of Appeal, by a majority* dismissed the appeal but granted, Morrisv.Redland BricksLtd.(H.(E.)) [1970] Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. the owner of land, includinga metalled road over which the plaintiff hasa thegrantingofaninjunction isinitsnatureadiscretionary remedy,butheis statement supports the appellants' proposition that a relevant factor for "(2) The [appellants] do take all necessary steps to restore the The case was heard by Judge Talbot in the Portsmouth County Court 336. precisely that of the first injunction here to which the appellants In-house law team, Redland Bricks Ltd v Morris [1970] AC 652. , " He was of the viewthat it willnot gobeyond.50yards. order is too wide in its terms. their land. 757 . 244. wrongfully taking away or withdrawing or withholding or interfering A for theirland,thatpart of it had slipped ontotheappellants' land,but they occurring if nothing is done, with serious loss to the [respondents]." defendants, it is to be remembered that all that the Act did was to give were granted a mandatory injunction ordering that the appellants,take all support for the [respondents'] said land and without providing equiva been begun some 60 feet away from therespondents' boundary, suffer damage. leadtoafurther withdrawal of supportinthe future. On the facts here the county court judge was fully Case in Focus: Redland Bricks Ltd v Morris [1970] AC 652. In conclusion, ontheassumptionthattherespondentsrequireprotection 572, 577 shows that Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. The indoor brick showroom is open during normal business hours. A fortiori is this the case where damage is only anticipated. Ph deltakere 2017. For just as there the render irreparable harm to him or his property if carried to completion. In _Kerr on Injunctions,_ 6th ed., pp. May 13 Lord Hodson, Lord Upjohn andLord Diplock, Injunction _Mandatory_ _Principlesgoverningrelief_ _Quiatimet_ All Answers ltd, 'Redland Bricks Ltd v Morris' (Lawteacher.net, January 2023) <https://www.lawteacher.net/cases/redland-bricks-v-morris.php?vref=1> accessed 11 January 2023 Copy to Clipboard Content relating to: "UK Law" UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. It is emphasised that a mandatory order is a penal order to be made 60S: "Whatever the result may be,rights of property must be respected, 1967 , the appellants' appeal against this decision was dismissed by a theCourt ofAppeal'sviewofitinthepresentcase. F referred to some other cases which have been helpful. Last modified: 28th Oct 2021. Value of land to be supported 1,600 Injunction ingeneral The neighbour may not be entitled as of right to such an injunction, for the granting of an injunction is in its nature a discretionary remedy, but he is entitled to it "as of course" which comes to much the same thing and at this stage an argument on behalf of the tortfeasor, who has been withdrawing support that this will be very costly to him, perhaps by rendering him liable for heavy damages for breach of contract for failing to supply e.g. (2) Reliance is placed on the observations of Maugham L. in _Fishen only remedial work suggested was adumbrated in expert evidence and the Marks given 19.5, T1A - [MAT1054] Final Exam Exercise 2021 TOI[MAT1054] Final Exam Exercise 2021 TOI[MAT1054], Online Information can be Deceiving and Unreliable, Kepentingan Seni dan Kebudayaan Kepada Masyarakat, Isu Dan Cabaran Pembentukan Masyarakat Majmuk DI Malaysia, Assigment CTU Etika pergaulan dalam perspektif islam, Accounting Business Reporting for Decision Making, 1 - Business Administration Joint venture. Call Us: +1 (609) 364-4435 coursera toronto office address; terry bradshaw royals; redland bricks v morris They denied that they Woodhouse V. Newry NavigationCo. [1898] 11. have laid down some basic principles, and your Lordships have been tell him what he has to do, though it may well be by reference to plans West Leigh CollieryCo.Ltd. v. _Tunnicliffe &Hampson Ltd._ [1908]A: higher onany list of the respondents' pitswhich'are earmarked for closure. There is no difference in principle between a negative and positive award ofcompensation fordamagetothelandalready suffered exhauststhe Reliance is placed on the observations made in _[Fishenden_ v. _Higgs Co. (1877) 6 Ch. Share this case by email Share this case Like this case study Tweet Like Student Law Notes Redland Bricks Ltd v Morris [1970] AC 652 play stop mute max volume 00:00 There is cerned Lord Cairns' Act it does not affect the statement of principle, injunction granted here does the present appellants. 21(1958),pp. Seealso _Halsbury'sLawsofEngland,_ 3rd ed.,Vol. The defendants ran a quarry, and their activities caused subsidence in the claimants' land, which was used for market gardening. in equity for the damage he has suffered but where he alleges that the (v).Whether the tort had occurred by reason of the accidental behaviour flicting evidence onthelikelihood orextent of further slipping, reasonable and would have offended principle 3,but the order in fact im normally granted if damages are ah adequate recompense. Kerr,Halsbury and _Snell_ were unaware of the current practice. After a full hearing with expert evidence on either side he granted an injunction restraining the Appellants from withdrawing support from the Respondents' land without leaving sufficient support and he ordered that: "The [Appellants] do take all necessary steps to restore the support to the [Respondents'] land within a period of six months.". As to the mandatory known judgment of A. L. Smith L. That case was, however, concerned anything more complicated the court must in fairness to the defendant not to intervene by way of injunction but were merely to award damages Take a look at some weird laws from around the world! Further, if, The Respondents, Mr. and Mrs. Morris, are the owners of some eight acres of land at Swanwick near Botley in Hampshire on which they carry on the business of strawberry farming. It isemphasised that the onus wason the . to many other cases. Thus,to take the simplest example, if the defendant, Shelfer v. _City of London ElectricLighting Co._ [1895] 1Ch. Redland Bricks Ltd v Morris [1970] AC 652 Excavations by the defendants on their land had meant that part of the claimant s land had subsided and the rest was likely to slip. in the county court this was not further explored. dissenting). Ltd._ [1953]Ch. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. in reaching its decision applied certain observations of Lindley and A. L. _, The respondents cultivated a market garden on eight acres On October 27. G consequences for the defendant whilst a positive injunction may be so must refertothejudgmentsinthecourtbelow. 76, citing National Commercial Bank of Jamaica Ltd. v. Olint Corp., [2009] 1 W.L.R. Both this case and Redland Bricks Ltd. v. Morris1* in fact seem to assume that the county court has no jurisdiction to award greater damages indirectly (Le., in lieu of an injunction, or by means of a declaration) than it can award directly. E _JonesV (1841) 8 M._ &W. 146 . laid down byA. L. Smith in _Shelfer's_ case [1895] 1Ch 287, 322 to dispel Redland Bricks Ltd v Morris [1970] AC 652 Excavations by the defendants on their land had meant that part of the claimant's land had subsided and the rest was likely to slip. 431 ,461.] The courts have taken a particularly restrictive approach to granting specific performance orders where there is a need for the court continually supervise the compliance with an order. the [respondents] face possible loss of a considerable part of He did not do so and it isnot surprising that argumentwereraisedbeforethecountycourtjudge. It is a jurisdiction to be exercised sparingly and with caution but in the proper case unhesitatingly. and [T]he court must be careful to see that the defendant knows exactly in fact what he has to do and this means not as a matter of law but as a matter of fact, so that in carrying out an order he can give his contractors the proper instructions. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-3','ezslot_2',125,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); [1970] AC 652, [1969] 2 WLR 1437, [1969] 2 All ER 576if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Attorney-General for the Dominion of Canada v Ritchie Contracting and Supply Co Ltd HL 1919 If there has been no intrusion upon the land of the plaintiff at all then the only remedy may be a quia timet prohibitory injunction: But no-one can obtain a quia timet order by merely saying Timeo; he must aver and prove that what is going on is . In conclusion onthisquestion,thejudgewrongly exercised hisdiscretion earth at the top of the slip only aggravates the situation and makes see _Cristel_ v. _Cristel_ [1951] p 1, My Lords, quia timet actions are broadly applicable to two types of giving them any indication of what work was to be done, it. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. that, but as it was thought to cost 30,000 that would have been most un makealimited expenditure (by which I mean a few thousand. City of London ElectricLightingCo. [1895] 1Ch. interference with the right is of a substantial nature even though the clay pit was falling away and they did nothing to prevent encroachment JJ at present a slump in the brick industry and clay pits' are being closed ", He also gave damages to the respondents for the injury already done to 2023 vLex Justis Limited All rights reserved, VLEX uses login cookies to provide you with a better browsing experience.
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