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Topic: Lord Atkin


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In the News (Tue 2 Sep 14)

  
  Donoghue v. Stevenson - Wikipedia, the free encyclopedia
The assembled House, consisting of the Lord Chancellor, the Duke of Wellington, two bishops, two marquesses, twenty-four earls, sixteen viscounts, and eighty-eight barons, declared her to be a pauper.
Lord Justice MacKinnon said in a speech in 1942 that when the facts came to be tried, it was found that there was no snail, and this was later repeated by Lord Justice Jenkins in the case of Adler v.
Lord Atkin's statement about the foreseeability of the effects of one's acts on one's neighbours is central to the existence of a duty of care in the law of tort/delict, especially on the then developing nascent tort/delict of negligence.
en.wikipedia.org /wiki/Donoghue_v._Stevenson   (809 words)

  
 James Richard Atkin - Wikipedia, the free encyclopedia
He became a judge of the High Court in 1913 and a Lord Justice of Appeal in 1919.
From 1928 until his death he was a Lord of Appeal in Ordinary.
In 1932, as a member of the House of Lords, he delivered the leading judgement in the landmark case of Donoghue v.
en.wikipedia.org /wiki/Lord_Atkin   (186 words)

  
 Great Peace v. Tsavliris Salvage ComCt 9/11/01
Lord Atkin then moved from cases in which the parties’ promises were empty of content either because the subject matter did not exist, or because what the parties were supposedly contracting to do was legally nonsensical, to consider cases involving mistake as to the quality of the subject matter.
Lord Cranworth, who gave the first judgment, held that the nephew was entitled to the relief claimed because he was led into his mistake by misinformation given to him by his uncle, who was now represented by the respondents, albeit that the uncle had not intended to misrepresent anything.
Lord Atkin used it as an example of a case of a contract which was void because the intended transfer of ownership was impossible and the stipulation was “naturali ratione inutilis”.
www.ucc.ie /law/restitution/archive/englcases/great_peace.htm   (11151 words)

  
 Robin Evans-Jones, 'Roman Law in Britain' (2000)
Pender [54] Lord Buckmaster had said of the dicta in the same case: "that they should be buried so securely that their perturbed spirits shall no longer vex the law" [55] and that they have "been used as a tabula in naufragio for many litigants struggling in the seas of adverse authority" [56].
Lord Atkin, sitting in the Court of Appeal, had occasion to comment on the undesirable consequences of the "Coronation" cases long before the opportunity arose to overrule them in Fibrosa, and he must have been aware of the lessons to be learnt from Cantiere [65].
Lord Atkin, by reference to "neighbourhood" generalised the class of persons to whom a duty was owed in negligence independent of contract [90].
www.iuscivile.com /materials/reprints/ej-1.htm   (11748 words)

  
 SCLR - Key Cases - Donoghue v. Stevenson Case Report
LORD MACMILLAN.–The incident which in its legal bearings your Lordships are called upon to consider in this appeal was in itself of a trivial character, although the consequences to the appellant, as she describes them, were serious enough.
Lord Ormidale held that there was no relevant case against the defenders, but would have been prepared, if necessary, to hold that in any case negligence had not been established by the evidence.
Lord Anderson held that the pursuer had no case in law against the defenders, but that, if this view was erroneous, negligence had not been proved.
www.scottishlawreports.org.uk /resources/keycases/dvs/donoghue-v-stevenson-report.html   (14195 words)

  
 Donoghue v. Stevenson [1932]: part 2
Lord Esher says: "That case established that, under certain circumstances, one man may owe a duty to another, even though there is no contract between them.
A motion by Sir William Garrow (Attorney-General) for a new trial was dismissed by the Court, Lord Ellenborough and Bayley J., the former remarking that it was incumbent on the defendant, who by charging the gun had made it capable of doing mischief, to render it safe and innoxious [=innocuous].
There are dicta by Lord Abinger which are too wide as to an action of negligence being confined to cases of breach of a public duty.
www.lawrence.edu /fast/boardmaw/DONOGH_Pt2.html   (5349 words)

  
 Supreme Court - Policy and the Swing of the Negligence Pendulum: Lawlink NSW
Lord Atkin observed[22] that the law of negligence should be based on a general public sentiment of moral wrongdoing - a statement said by the Judicial Committee of the Privy Council in The Wagon Mound[23] to be the "sovereign principle" of negligence.
Lord Atkin laid down that foreseeability was a necessary element of the tort and, by use of the restricted notion of "neighbour", recognised that there would have to be some other limiting factor that would restrict liability.
Lord Atkin sought to justify the change he was proposing by saying that it reflected the opinion of everyone "in Scotland or England who [is] not a lawyer".
www.lawlink.nsw.gov.au /sc/sc.nsf/pages/Ipp_030915   (10088 words)

  
 Statewatch News online: Guantanamo Bay: The legal black hole
Lord Atkin said: "amid the clash of arms the laws are not silent" and warned against judges who "when face to face with claims involving the liberty of the subject show themselves more executive minded than the executive".
But Lord Atkin's view on the interpretation of provisions such as Regulation 18B has prevailed: the Secretary of State's power to detain must be exercised on objectively reasonable grounds.
The final decision of the House of Lords was to the effect that crimes under international law, such as torture, could not be acts within the official capacity of a Head of State and that extradition proceedings could continue.
www.statewatch.org /news/2003/nov/17guantanamo.htm   (6210 words)

  
 Department for Constitutional Affairs - Speeches - THE TOM OLSEN LECTURE delivered by MR JUSTICE POPPLEWELL   (Site not responding. Last check: 2007-11-05)
Lord Atkin went on: "In this country amid the clash of arms, the laws are not silent.
Lord Simon, the Lord Chancellor, wrote in somewhat arrogant terms to Lord Atkin seeking to persuade him to withdraw part of his speech before delivery.
Lord Dilhorne who had been an Attorney General himself, poured scorn on the views of Lord Denning and said that the inference that Sam Silkin had abused or misused his powers was not one that should be drawn.
www.dca.gov.uk /judicial/speeches/popl-lec.htm   (6065 words)

  
 Luther, Book Review of Harris (Ed), 'The literature of the law: a thoughful entertainment for lawyers and others' ...   (Site not responding. Last check: 2007-11-05)
Bland [1993] 1 All ER 821, 12 of Lord Simon of Glaisdale in Tzu-tsai Cheng v.
As Atkin's biographer has noted, in a chapter devoted to the case (Lewis 1983, pp.132-57), the Lord Chancellor, Viscount Simon, who had seen a draft of the speech, wrote (twice) to Atkin suggesting that he should remove the reference to Through the Looking Glass; Atkin politely refused.
Atkin's speech - or at least these sections of it - was, as his cousin (the novelist Berta Ruck) wrote, "a flash of brilliant lightning across all these clouds of confusion and nonsense" (quoted by Lewis, p.152), but it is exceptional in every respect.
webjcli.ncl.ac.uk /1998/issue5/luther5.html   (2618 words)

  
 Donoghue v. Stevenson [1932] part 1
It has been suggested that the statement of Parke B. does not cover the case of negligent construction, but the omission to exercise reasonable care in the discovery of a defect in the manufacture of an article where the duty of examination exists is just as negligent as the negligent construction itself.
Pender [64] was not a decision of the Court, and that it was subsequently qualified and explained by Lord Esher himself in Le Lievre v.
In agreeing, as I do, with the judgment of Lord Anderson, I desire to add that I find it hard to dissent from the emphatic nature of the language with which his judgment is clothed.
www.lawrence.edu /fast/boardmaw/Donogh_Pt1.html   (4233 words)

  
 Justis - ICLR Special Issue - Donoghue v. Stevenson
My Lords, I am of opinion that the contention of the appellant is sound, and that she has relevantly averred a relationship of duty as between the respondent and herself, as also that her averments of the respondent's neglect of that duty are relevant.
LORD MACMILLAN.My Lords, the incident which in its legal bearings your Lordships are called upon to consider in this appeal was in itself of a trivial character, though the consequences to the appellant, as she describes them, were serious enough.
As Kelly C.B. points out, the action was not founded on any warranty implied in the contract of sale between the vendor and the purchaser; and the plaintiff, the purchaser's wife, was not seeking to sue on the contract to which she was not a party.
www.justis.com /titles/iclr_s3240031.html   (12976 words)

  
 LawAfrica -Hot From The Bench
Acidly commenting on Lord Devlin’s decision in Rookes v Barnard that sought to limit the award of exemplary damages in tort, Lord Denning’s obiter in Broome v Cassell stands proudly erect as a monument to the epic battle between the gods and the Titans on the judicial Mount Olympus.
In his innovative ratio, Lord Devlin clarified the precise meaning of terms used to refer to damages ‘at large.’ Juries were instructed to give a sum for compensation of the plaintiff’s injury, which sum may be aggravated because of the defendant’s conduct.
Lord Denning in Ward v James [1965] 1 All ER 563 was of the contrary opinion, urging trial judges not to refer juries to other awards in personal injury cases.
www.lawafrica.com /HOTB/hotb16.asp   (2407 words)

  
 Donoghue v Stevenson, UK Law Online
The Lord Ordinary allowed a proof, but on a reclaiming note for the respondent the Second Division of the Court of Session recalled the Lord Ordinary’s interlocutor and dismissed the action, following their decision in the recent cases of Mullen v.
My Lords, the incident which in its legal bearings your Lordships are called upon to consider in this appeal was in itself of a trivial character, though the consequences to the appellant, as she describes them, were serious enough.
The Lord Ordinary repelled the respondent’s plea to the relevancy and allowed the parties a proof of their averments, but on a reclaiming note their Lordships of the Second Division (Lord Hunter dissenting, or, perhaps more accurately, protesting) dismissed the action, and in doing so followed their decision in the previous cases of Mullen v.
www.leeds.ac.uk /law/hamlyn/donoghue.htm   (15606 words)

  
 Hijacking justice in the name of national security - Security Camera
Atkin deplored judges who "when face to face with claims involving the liberty of the subject show themselves more executive minded than the executive".
Lord Bingham, the present senior law lord, has written of his pride that "even in that extreme national emergency" there was one voice ready to assert the role of the courts "as guarantor of legality and individual right".
Because of the uniquely generous opportunities English common law offers to asylum seekers and extradition-resisters to string out their cases, the new special immigration appeals commission may turn out to be a satisfactory way of accelerating the court process.
www.100share.com /Hijacking-justice-in-the-.htm   (805 words)

  
 Jurisprudence - Legal Philosophy   (Site not responding. Last check: 2007-11-05)
Pender too broad, Lord Atkin, himself, is actually giving, in effect, an interpretation of "ordinary care" in terms of conditions of "proximity" and the forseeability of likely injury to one's neighbor.
In other words, the issue is a matter of a failure to exercise "ordinary care" according to the deep structure entailment of Judge Brett's principle that required a manufacturer or merchant to spend sufficient time and/or effort to carefully attend "to the condition of the thing applied or the mode of supplying it" (p.
Although the respective surface structures of Judge Brett's rule and Lord Ellenborough's declaration are somewhat different (i.e., the circumstances surrounding their respective court cases), the hermeneutical, deep structure of the two judgements actually converge.
amanesis.org /Legal/legalg.htm   (1708 words)

  
 Behind The Rhetoric: Return Of Internment Camps In Britain
Liversidge v Anderson is famous for the dissenting speech of Lord Atkin, attacking his fellow judges for being "more executive-minded than the executive".
Lord Bingham, who tells the full story in The Business of Judging (OUP), says we can be "proud that even in that most extreme national emergency, there was one voice, eloquent and courageous, which asserted … the priceless gift, subject only to constraints by law established, of individual freedom".
What worried the senior law lord was a finding by Siac, the anti-terrorist court, that the threat to Britain was not confined to the foreign nationals currently detained in Belmarsh prison.
www.infowars.com /articles/ps/uk_return_of_internment_camps.htm   (904 words)

  
 Guardian Unlimited Politics | Comment | The radical who is leading a new English revolution
Last week's law lords ruling in the case of the Belmarsh detainees provided a rare lightning flash illuminating the much wider revolution that Lord Bingham is currently crafting in the English constitution.
His fellow law lords may have provided more quotable and even questionable comments as they delivered their eight to one verdict against the home secretary's powers of executive detention under the anti-terrorist laws.
Lord Atkin, in what became the most famous minority judgment of the 20th century, challenged his colleagues.
politics.guardian.co.uk /comment/story/0,9115,1377840,00.html   (1100 words)

  
 Souvracht Case
My Lords, the respondents are a shipowning company incorporated before the war under the laws of the Kingdom of the Netherlands, with their principal place of business at Rotterdam.
By a charter-party dated Aug. 11, 1939, the respondents chartered one of their vessels to the appellants, who are a Russian company; disputes arose between the parties and the respondents sought arbitration under a clause in the charter-party which provided for arbitration in London.
The Court of Appeal (Lord Greene, M.R., Goddard and du Parcq, L.JJ.) dismissed the appeal and affirmed the view that the respondents were not in the position of alien enemies at common law and thus still enjoyed the right to resort to the King's Courts.
lawofwar.org /souvracht_case.htm   (1464 words)

  
 [No title]   (Site not responding. Last check: 2007-11-05)
Lord Atkin’s said that there must be some general principle of negligence that explained the case.
Lord Buckmaster’s dissent showed that the case were logically explicable without a general principle of negligence.
Lord Atkin’s decision was based on what he thought justice required, not logical compulsion.
www.ecom.unimelb.edu.au /accwww/subjects_acc/686/Seminar10.doc   (1370 words)

  
 lecture9   (Site not responding. Last check: 2007-11-05)
Lord Atkin's test was given further qualification by Lord Wilberforce in the case of Anns v London Borough of Merton (1977).
Was there a sufficient relationship of proximity or neighbourhood between the injured party and the wrongdoer such that in the reasonable contemplation of the latter carelessness on their part would cause damage, this establishes a prima facie duty of care.
The house of Lords held that the defendant council were not liable for the defective foundations as the damage that had been suffered was due to economic loss and therefore not recoverable in this situation.
homepages.unl.ac.uk /~bamfordj/lecture9.htm   (1058 words)

  
 RETHINKING WINNIPEG CONDOMINIUM: RESTITUTION, ECONOMIC LOSS, AND ANTICIPATORY REPAIRS†   (Site not responding. Last check: 2007-11-05)
Lord Oliver expressed reservations about Anns, but found that in any event the principle could not be applied where the defect was either not dangerous or where any danger could be costlessly remedied.
Stevenson, Lord Atkin is in part inspired by the ambition of achieving a reconciliation of legal principles and sound common sense.
Lord Keith also insists there is 'no logic in confining the remedy to cases where such danger exists.' Indeed, because of the tension between the true logical implications of Anns, it was headed for an inevitable 'collision with long-established principles' of negligence (471).
www.utpjournals.com /product/utlj/471/471_moran.html   (16915 words)

  
 Contractual mistake
You may recall that although the three majority judgements of Lord Blanesburgh, Lord Atkin and Lord Thankerton purported to be in agreement with one another, it is difficult to see how this was so, especially in the case of Lord Blanesburgh whose judgement actually turned on a technical point of pleading.
That proposition is certainly derived from Lord Atkin's judgement in Bell, but the Court of appeal in the Great Peace case pointed out that this encompassed two separate types of situation.
They have held, as Lord Atkin did not, that common mistake occurs only where the contract is rendered incapable of performance.
www.spr-consilio.com /couser7.html   (1261 words)

  
 Supreme Court - Aspects of Judical Independence: Lawlink NSW
at 244, Lord Atkin, a Queenslander by birth, viewed with apprehension the attitude of judges who on a mere question of construction when face to face with claims involving the liberty of the subject showed themselves more executive minded than the executive.
Lord Atkin was in sole and courageous dissent in
Lord Macclesfield, who was Lord Chancellor between 1718-1725, increased the honorarium charged by his predecessors for the sale of the office of Chancery Master to such an extent that newly appointed masters felt obliged to recoup the premium, they had to pay the Lord Chancellor, from the litigants who appeared before them.
www.lawlink.nsw.gov.au /sc/sc.nsf/pages/Sheller_CompCourtConf   (5660 words)

  
 magdalen > college life > clubs & societies > the atkin society
All law students at Magdalen, undergraduate and graduate alike, are subscribing members of the Atkin Society, which takes its name from Lord Atkin, the Magdalen lawyer who is best remembered for his famous judgment in Donoghue v Stevenson, the case of the snail in the ginger beer bottle ([1932]; AC 562).
The Atkin Society organises moots throughout the year and lays on dessert (port, chocolate and fruit) for those attending.
The Atkin Society is run by an annually elected student committee and therefore its activities tend to vary.
www.magd.ox.ac.uk /college_life/atkin.shtml   (331 words)

  
 Search - 130 Results - 1936 AC 1   (Site not responding. Last check: 2007-11-05)
My Lords, in the year 1930 and in subsequent years the respondent the Duke of Westminster executed a series of deeds in which he covenanted to pay to the several parties mentioned in the deed certain weekly sums for a period of seven years or the joint lives of the parties.
In short Lord Herschell was saying that the substance of a transaction embodied in a written instrument is to be found by construing the document as a whole.
My Lords, for myself I can find nothing in the letter and acknowledgment which constitutes or resembles a contract, notwithstanding the fact that the names of the solicitors were written across an adhesive stamp.
www.business.vu.edu.au /blb3134/Duke.htm   (8410 words)

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