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