✍️✍️✍️ Bradford Corporation V Pickles

Tuesday, November 09, 2021 6:06:17 PM

Bradford Corporation V Pickles



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The Mayor of Bradford v Pickles, 1895 I Explained in Hindi

It is Ordered and Adjudged , by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 10th of December , complained of in the said Appeal, be, and the same is hereby Affirmed, and that the said Petition and Appeal be, and the same is hereby dismissed this House; and that the action brought by the Appellants against the Respondent in the Chancery Division of the High Court of Justice be, and the same is hereby dismissed: And it is Ordered , That the Appellants do pay, or cause to be paid to the Respondent, the Costs incurred by him in the said Chancery Division, and also in the said Subscribers can access the reported version of this case.

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You also get a useful overview of how the case was received. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Your World of Legal Intelligence. To continue reading. You can sign up for a trial and make the most of our service including these benefits. Lord Halsbury: Motive is irrelevant. If the motive is bad but the act is lawful as here where D had a right to divert the water then it is not an actionable nuisance and vice versa.

This seems to go against the exercise of the courts in balancing public and private interests, where here, D has made no gain he has no use of the water at a massive social cost. Also the law is inconsistent on the question of motive. How can they be reconciled? Jolowicz explains it by saying that the right to make noise is relative and therefore circumstances, including motive, should be taken into account, whereas the right to percolate water is absolute.

Taggart claims that it was purely on the basis of right: water is something which my neighbours have no right to receive from my land.

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