Colchester Estates (Cardiff) v Carlton Industries plc: ChD 30 Mar 1984

If a decision of a court has been reached after full consideration of an earlier decision which went the other way, it should not be open to review on a third occasion when the same point arose for decision.
Nourse J said: ‘There must come a time when a point is normally to be treated as having been settled at first instance. I think that should be when the earlier decision has been fully considered, but not followed, in a later one. Consistently with the modern approach of the judges of this court to an earlier decision of one of their number . . I would make an exception only in the case, which must be rare, where a third judge is convinced that the second was wrong in not following the first.’
References: [1986] Ch 80, [1984] 2 All ER 601
Judges: Justice Nourse
Jurisdiction: England and Wales
This case cites:

  • Cited – Minister of Pensions v Higham KBD 15-Apr-1948 ([1948] 2 KB 153, [1948] 1 All ER 863)
    The court considered the application of the doctrine of stare decisis when faced with conflicting earlier decisions.
    Held: Denning J said that the ‘general rule’ is that: ‘where there are conflicting decisions of courts of co-ordinate . .

This case is cited by:

  • Cited – In re Cromptons Leisure Machines Ltd ChD 13-Dec-2006 (Times 27-Dec-06)
    The section gave the court a jurisdiction to authorise payments to people would be preferred creditors in a winding up. . .
  • Cited – Futter and Another v Futter and Others ChD 11-Mar-2010 (, [2010] EWHC 449 (Ch), [2010] Pens LR 145, [2010] STC 982, [2010] STI 1442, [2010] BTC 455, [2010] WTLR 609)
    Various family settlements had been created. The trustees wished to use the rule in Hastings-Bass to re-open decisions they had made after receiving incorrect advice.
    Held: The deeds were set aside as void. The Rule in Hastings-Bass derives . .
  • Cited – Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others ChD 13-May-2010 (, [2010] EWHC 1022 (Ch), [2010] 2 EGLR 93, [2010] NPC 58, [2010] JPL 1303, [2010] 20 EG 145, [2010] 30 EG 64)
    The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act.
    Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are . .
  • Cited – In re Lambeth Cemetery ConC 28-Jul-2020 ([2020] WLR(D) 448, )
    The petitioner sought the exhumation of his still born son so that he could be buried alongside his wife who had died several years later.
    Held: There had been conflicting decisions as to what amounted to a good and proper reason for an . .

These lists may be incomplete.

Last Update: 16 November 2020; Ref: scu.247762

Minister of Pensions v Higham: KBD 15 Apr 1948

The court considered the application of the doctrine of stare decisis when faced with conflicting earlier decisions.
Held: Denning J said that the ‘general rule’ is that: ‘where there are conflicting decisions of courts of co-ordinate jurisdiction, the later decision is to be preferred, if it is reached after full consideration of the earlier decision.’
References: [1948] 2 KB 153, [1948] 1 All ER 863
Judges: Denning J
Statutes: War Pensions (Naval Auxiliary Personnel) Scheme 1946, Pensions (Mercantile Marine) Act 1942
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Colchester Estates (Cardiff) v Carlton Industries plc ChD 30-Mar-1984 ([1986] Ch 80, [1984] 2 All ER 601)
    If a decision of a court has been reached after full consideration of an earlier decision which went the other way, it should not be open to review on a third occasion when the same point arose for decision.
    Nourse J said: ‘There must come a . .
  • Cited – In re Lambeth Cemetery ConC 28-Jul-2020 ([2020] WLR(D) 448, )
    The petitioner sought the exhumation of his still born son so that he could be buried alongside his wife who had died several years later.
    Held: There had been conflicting decisions as to what amounted to a good and proper reason for an . .

These lists may be incomplete.

Last Update: 16 November 2020; Ref: scu.655680

Burrows v Jemino: 1726

References: (1726) 2 Stra 733
Coram: Lord King
Ratio: A debt or liability arising in any country may be discharged by the laws of that country, and that such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be an effectual answer to the claim, not only in the courts of that country, but in every other country.
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Ellis v M’Henry CCP ((1871) LR 6 CP 228)
    A debt or liability arising in any country may be discharged by the laws of that country, and such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 183529