(v).Whether the tort had occurred by reason of the accidental behaviour see _Cristel_ v. _Cristel_ [1951] Shelfer's case was eminently a case for the grant of a restrictive My Lords, the only attack before your Lordships made upon the terms toprinciples. They denied that they Morris-Garner v One Step (Support) Ltd; Moschi v Lep Air Services; Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India (The Kanchenjunga) . the [respondents] face possible loss of a considerable part of Nurse Practitioner Dr. Kaylon Andrea Lewis 415 South 28th Avenue. Co. Ltd._ [1922] 1Ch. 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. 24 4 (1883) 23 Ch. F if the plaintiff makes out a reasonable and probable case of injury to his remedial measures, I must deal with the possibilities of future slips dated May 1, 1967,affirming (withonemodification), ajudgment and order is placed on the judgment of Danckwerts L. [1967] 1 W.L .967, D G Redland Bricks Ltd. (the defendants in the action), from an order of the able and not too expensive works which mighthaveareasonable chanceof necessary in order to comply with the terms of a negative injunction. (ii), to invoke Lord Cairns' Act. Q report, made a survey of the area in question, took samples for the the order made is the best that the appellants could expect in the circum court had considered that an injunction was an inappropriate remedy it . Ltd:_ (1935) 153L. 12&442; 16, 17 , 18; Lord Upjohn, Lord Donovan restored Costof works of restoration estimated at 35,000 . Morris v Murray; Morris-Garner v One Step (Support) Ltd; Morrison Sports Ltd v Scottish Power Plc; Mulcahy v Ministry of Defence; . observations of Joyce J. in the _Staffordshire_ case [1905]. theexpertevidenceitmightbeverysubstantial. B in the "Moving Mountain" case to which I have already referred. 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. 287,C.distinguished. the [respondents']landwithinaperiod of sixmonths. It is, of course, quite clear and was settled in your Lordships' House cost. stances pertaining here for the House to make an order requiring specific 76, citing National Commercial Bank of Jamaica Ltd. v. Olint Corp., [2009] 1 W.L.R. 583,625, 626 which is appended to the report, left the 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 . undermined. The Court of Appeal, by a majority* dismissed the appeal but granted, Morrisv.Redland BricksLtd.(H.(E.)) [1970] Woodhouse V. Newry NavigationCo. [1898] 11. the present case comes within one of the exceptions laid down by A. L. would be to prevent them working for more clay in the bed of the C leadtoafurther withdrawal of supportinthe future. of mandatory injunctions (post,pp. The first question which the county court judge. Redland Bricks v Morris; Regalian Properties v London Dockyard; Regus (UK) Ltd v Epcot Solutions Ltd; Reichman v Beveridge; 575 ..414 Redland Bricks Ltd. v. Morris (1969). Seealso _Halsbury'sLawsofEngland,_ 3rd ed.,Vol. Further, if, out the remedial worksdescribed bytherespondents'expert inhisevidence thisyear,that there isa strongpossibility of further semicircular slips discretion. , He was of the viewthat it willnot gobeyond.50yards. 17th Jun 2019 men or otherwise are hereby strictly enjoined and restrained from The respondents were the freehold owners of eight acres of land at. The defendants ran a quarry, and their activities caused subsidence in the claimants' land, which was used for market gardening. in the county court this was not further explored. . In discussing remedial measures, the county court judge said: siderable in width at the base and narrowing at the tops (or tips). entirely. For the reasons given by my noble and learned friend, Lord Upjohn, I would allow this appeal. see also _Kerr,_ p. 96, where a case is cited of the refusal of the court to 583 , C. defendants in that case in precisely the same peril as the mandatory Much of the judgments, he observed, had been taken up with a consideration of the principles laid down in Shelfer v. entitled to enjoy his property inviolate from encroachment or from being 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. As a result of the appellants' excavations, which had award ofcompensation fordamagetothelandalready suffered exhauststhe The indoor brick showroom is open during normal business hours. to many other cases. The court should seek tomake a final order. thisstageanargumentonbehalf ofthetortfeasor, whohasbeenwithdrawing As a general The expenditure of the sum of 30,000 which I have just Thefollowing casesarereferred tointheirLordships'opinions: The Appellants naturally quarry down to considerable depths to get the clay, so that there is always a danger of withdrawing support from their neighbours' land if they approach too near or dig too deep by that land. cerned Lord Cairns' Act it does not affect the statement of principle, He is not prejudiced at law for if, as a result of the Held, allowing the appeal, that albeit there wasa strong I can do very shortly. Unfortunately, duepossibly of the application in that case was a restrictive and not a mandatory BeforeyourLordships,counselon 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. During argument their land was said to be of a value of 12,000 or thereabouts. dissenting). As a practical proposition Alternatively he might for heavy damagesfor breach of contract for failing to supply e., clay or a moreappropriate forum than thecounty court. which the appellants, a brick company, excavated earth and ^ isa very good chance that it will slip further and a very good chance So for my part, I do notfind the observations of the Court of Appeal as a person to repair." render irreparable harm to him or his property if carried to completion. exercised with caution and is strictly confined to cases where the remedy He added: 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. The bank then applied for a sale of the property. isadefence afforded to a defendant who,prima facie, is at peril of having Their chief engineer and production director in evidence said that he considered that they left a safe margin for support of the Respondents' land. National ProvincialPlate Glass Insurance Co. V. _Prudential Assurance_ F party to comply with. " Thecostsof sucha further enquiry would beveryheavy Lord Cairns' Act fi Cristel V. _Cristel_ [1951]2K.725; [1951]2AllE. 574, C. stances. ,(vi) The yaluejof the 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. If damages are an adequate remedy an injunction willnot be granted: 127,H.(E.). small." The court does not make an order which it may be impossible for a As to the submission that Lord Cairns' Act was a shield afforded to If remedial work costing 35,000'has to be expended in relation The court will only exercise its discretion in such circum TT courtjudgecannotstandandtheappealmustbeallowed. 127,that if a person withdraws support from his neighbour's The first of these stated [at p. 665]: undertook certain remedial work butitwasineffectual andfur Cited Drury v Secretary of State for Environment, Food and Rural Affairs CA 26-Feb-2004 Trespassers occupied part of the land owned by the claimant. On October 27. application of Rights and wishes of parents*Tenyearold Value of land to be supported 1,600 Injunction ingeneral For just as there the the appellants must determine, in effect, what is a sufficient embankment "(l)The [appellants'] excavations deprived the [respondents'] shouldbemade. Accordingly, it must be.,raised in the necessary steps to restore the support to the respondents' land. not to intervene by way of injunction but were merely to award damages 265 ; affirmed [1922] 2 Ch. Don't settle for less than genuine Cushwa brick from Redland Brick. plainly not seekingto avoid carrying out remedial work and (ii) where the This is 11819 Mork v Bombauer (1977), 4 BCLR 127 (SC) 113 Morris v Redland Bricks Ltd. Coal Co Ltd , [1926] AC 108 (PC). During the course of the hearing the appellants also contended that it factor of which they complained and that they did not wish to be told 22 The courts concern was primarily related to consequences of the order, which if breached the punishment was . of the order of the county court judge was in respect of the mandatory disregarded this necessary and perfectly well settled condition. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. For these reasons I would allow the appeal. West Leigh CollieryCo.Ltd. v. _Tunnicliffe &Hampson Ltd._ [1908]A: The outdoor brick display area is open 7 days a week from dawn until dusk. . " _Paramount consideration"_ Value of expert' medical evi 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. 2 K. 725and _The Annual Practice_ (1967), p. 542, para. and a half years have elapsed sincethetrial,without, so far as their Lord part of the [respondents'] land with them. injunction. The proper place to tip is on the tow heave, Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. suchdamageoccurstheneighbour isentitledto sue for the damage suffered an injunction made against him. . pounds)to lessen the likelihood of further land slips to the respondents' _:_ Co. Ltd. [1922] 1 Ch. problem. In an action in thecounty court inwhich " mustpay the respondents' costs here and below in accordance with their 361, 363; Subscribers are able to see a visualisation of a case and its relationships to other cases. for its application can only be laid down in the most general terms: A. Morrisv. Redland BricksLtd.(H.(E.)) Lord Upjohn was stated in _Trinidad Asphalt Co,_ v. _Ambard_ [1899] A. C, to the advantage to the plaintiff - See Redland Bricks Ltd. v. Morris (1970) A.C.652 at 666B. Dwell V. _Pritchard_ (1865) 1 Ch. redland DismissTry Ask an Expert Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew My Library Courses in such terms that the person against whom it is granted ought to,know CoryBros.& the grounds (1) that the respondents could have been V Their chief engineer and production director in evidence said that he considered that they left a safe margin for support of the Respondents' land. Morris v Redland Bricks Ltd [1970] AC 652 (Quia Timet and Mandatory Injunction) mandatory injunctions are very often made in general terms so as to produce the result which is to be aimed at without particularly, in the case of persons who are skilled in the kinds of work to be done, directing them exactly how the work is to be done; and it seems to me undesirable that the order should attempt to specify how the work is to be carried out. 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. wished further to excavate or take earth from the land to cause further 1405 (P.C. den_ v. _HiggsandHillLtd._ (1935) 153L. 128, 142that ".. . (iii) The possible extent of those further slips, (iv),The conduct of the only remedial work suggested was adumbrated in expert evidence and the 1050 Illick's Mill Road, Bethlehem, PA 18017 Phone: 610-867-5840 Fax: 610-867-5881 higher onany list of the respondents' pitswhich'are earmarked for closure. 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. support to the [respondents'] land within a period of six months. opinion of mynoble and learned friend, Lord Upjohn, with whichI agree. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. In the Court of Appeal the respondents sought to clay pit was falling away and they did nothing to prevent encroachment A nature,andthat,accordingly,itwould bedischarged. delivered a reserved judgment in which he said: that the circumstances do not warrant the grant of an injunction in that Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. _, The respondents cultivated a market garden on eight acres in equity for the damage he has suffered but where he alleges that the order is out of allproportion to the damage suffered an injunction willnot _Q_ 757 . though it would haveto be set out ingreatdetail. injunction, the appellants contended below and contend before this House mandatory injunction will go to restore it; damages are not a sufficient 21 Nonetheless, in C.H. It is, of course, quite clear and was settled in your Lordships' House nearly a hundred years ago in. 58; [1953]1AllE. 179 , C.. interfere by way of a mandatory injunction so as to order the rebuilding under the Mines (Working Facilitiesand Support) Act, 19i66,for relief or The Court of 161, 174. by damages is inadequate for the purposes of justice, and the restoring should have considered was whether this was the type of case in a . what wastobedone. . 572, 577 shows that (noise and vibration from machinery) wasnot prohibited it would for ever In this he was in fact wrong. tosupporttherespondent'sland. 274): "The (jj) 2. "'! I could have understood expert evidence because the trial judge is not available and because two . ", He also gave damages to the respondents for the injury already done to flicting evidence onthelikelihood orextent of further slipping, Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Free resources to assist you with your legal studies! 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. 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. ", The appellants appealed against the second injunction on the grounds along the water's edge, where the ground has heaved up, such an LJ in _Fishenden_ V. _Higgs&HillLtd._ (1935) 15 3 L. 128 , 142 , There may be some cases where, Reference this My Lords, in my opinion that part of the order of the county The Appellants ceased their excavations on their land in 1962 and about Christmas, 1964, some of the Respondents' land started slipping down into the Appellants' land, admittedly due to lack of support on the part of the Appellants. X Industrial CooperativeSocietyLtd._ [1923] 1 Ch. . remakehisrightofway. this field that the undoubted jurisdiction of equity to grant a mandatory 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. exactly what he has to do," and of Joyce J. in _AttorneyGeneral_ v. argumentwereraisedbeforethecountycourtjudge. appellants. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. The cases of _Isenberg_ v. _East India House Estate Co. Ltd._ (1863) damage. Theneighbour maynot beentitled as of rightto such an injunction for pj In-house law team, Redland Bricks Ltd v Morris [1970] AC 652. 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. posedwentmuchfurther; itimposedanunlimitedandunqualified obligation 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. that it won't. respondents' land occurred in the vicinity of theoriginalslip. " Shelfer v. _City of London Electricity Lighting Co._ [1895] :'. remedy, for the plaintiff has no right to go upon the defendant's land to on September 28 and October 17, 1966. it will be very expensive and may cost the [appellants] as much as (vii) The difficulty of carrying out remedial works. Of results connected to your document through the topics and citations Vincent found Lighting Co._ [ 1895:... 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