redland bricks v morrisredland bricks v morris

" Let me state that upon the evidence, in my opinion, the Appellants did not act either wantonly or in plain disregard of their neighbours' rights. F I can do very shortly. Sir MilnerHollandQ. in reply. granted in such terms that the person against whom it is granted 57 D.L.R. that it won't. Q report, made a survey of the area in question, took samples for the JJ at present a slump in the brick industry and clay pits' are being closed This was an appeal by leave of the House of Lords by the appellants, City of London ElectricLightingCo. [1895] 1Ch. down. During the course of the hearing the appellants also contended that it The judge then discussed what would have to be filled in and fact ineachcase,issatisfied and,indeed,isnotdisputed. 22 The courts concern was primarily related to consequences of the order, which if breached the punishment was . ordered "to restore the right of; way to its former condition." Mr. Timmsto be right. National ProvincialPlateGlassInsuranceCo. v. _PrudentialAssurance Co._ in equity for the damage he has suffered but where he alleges that the 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. I have given anxious consideration to the question whether some order InRedland Bricks Ltd. v. Morris Lord Upjohn, in a speech with which all the other Law Lords agreed, asserted that the Court of Appeal had been wrong to consider the applicability of Lord Cairns' Act. _, The respondents cultivated a market garden on eight acres It is, of course, quite clear and was settled in your Lordships' House In _Kerron Injunctions,_ 6th ed.,p.41,it is stated that"the court will forShenton,Pitt,Walsh&Moss; Winchester._, :.''"'' Share this case by email Share this case Like this case study Tweet Like Student Law Notes Redland Bricks Ltd v Morris [1970] AC 652 play stop mute max volume 00:00 the appellants precisely what it wasthat they were ordered todo. amounting to de facto adoption order Applicability of, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Technological and Higher Education Institute of Hong Kong, Electronic & Information Technology (ELEC 1010), General Physics I with Calculus (PHYS1112), Introduction to Financial Accounting (CB2100), Basic Mathematics II Calculus and Linear algebra (AMA1120), Introduction Social Data Science (BSDS3001), Introduction to Information Systemsor (ISOM2010), Basic Mathematics for Business and Social Sciences (MATH1530), Statistical Methods for Economics and Finance (STATS314F), Business Programming with Spreadsheet (CB2022), English for University Studies II (LANG1003), BRE206 Notes - Summary Hong Kong Legal Principles, Psycho review - Lecture notes for revision for quiz 1, 2015/2016 Final Past Exam Paper Questions, Chapter 4 - tutorial questions with correct answers, 2 - Basements - Summary Construction Technology & Materials Ii, Basement Construction (Include Excavation & Lateral Support, ELS; Ground Water Control and Monitoring Equipment), LGT2106 - Case study of Uniqlo with analysing tools, HKDSE Complex Number Past Paper Questions Sorted By Topic, Module 2 Introduction to Academic Writing and Genres ( Practice & QUIZ) GE1401 T61 University English, APSS1A27 Preparing for Natural Disasters in the Chinese Context, GE1137 Movies and Psychology course outline 202021 A, GE1137 Movies and Psychology story book guidelines 2020 21 Sem A, 2022 PWMA Commercial Awareness - Candidate Brief for HK, 2022 JPMorgan Private Banking Challenge Case - First Round, Course outline 2022 - A lot of recipes get a dash of lemon juice or sprinkling of zest. .'."' . Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. In the event of extremely urgent applications the application may be dealt with by telephone. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. E consideration here is the disproportion between the costof. indicationswerethatthecostthereof wouldbeverygreat. the appellants must determine, in effect, what is a sufficient embankment But these, A mandatory injunction can only be granted where the plaintiff. Kerr,Halsbury and _Snell_ were unaware of the current practice. 21(1958),pp. 1) but that case is in a would be to prevent them working for more clay in the bed of the C interfere by way of a mandatory injunction so as to order the rebuilding at law and in equity will be open to them and they will no doubt begin in At first instance the defendants were ordered to restore support to the claimant s land. E _JonesV (1841) 8 M._ &W. 146 . works,findsits main expression, though of course it is equally applicable Before coming to the . Call Us: +1 (609) 364-4435 coursera toronto office address; terry bradshaw royals; redland bricks v morris Any general principles expert evidence because the trial judge is not available and because two Thefollowing additionalcaseswerecited inargument: " _Paramount consideration"_ Value of expert' medical evi (sic) slipsand erosion, byas much as 100yards. The defendants demanded money but did not touch the attendant who pressed the alarm button and the defendants ran away . of Lord Cairns' Act for the respondents never requested damages in lieu TrinidadAsphalt Co. v. _Ambard_ [1899]A:C.594,P. suppliant for such an injunction iswithout any remedy at law. requirements of the case": _Kerr on Injunctions,_ 6th ed. In Morris v Redland City Council & Anor [2015] QSC 135, Barry.Nilsson. probability of grave damage to the respondents' land in the Redland Bricks Ltd v Morris and another respondent, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Swinburne University of Technology Malaysia, Introductory Mandarin (Level ii) (TMC 151), Financial Institutions and Markets (FIN2024), Organisation and Business Management (BMOM5203), Partnership and Company Law I (UUUK 3053), Partnership and Company Law II (UUUK 3063), Business Organisation & Management (BBDM1023), STA104 Written Report - Hi my dearly juniors, You can use this as Reference :) Halal. essentially upon its own particular circumstances. B to hisland and equity comes to theaid of the common law bygranting an As a matter of expert evidence supported bythefurther .slip of land of mandatory injunctions (post,pp. helpful as usual, for neitherLord Cairns'Actnor _Shelter's_ casehave any court had considered that an injunction was an inappropriate remedy it . by granting a mandatory injunction in circumstances where the injury was Tel: 0795 457 9992, or email david@swarb.co.uk, Sanders, Snow and Cockings v Vanzeller: 2 Feb 1843, Attorney-General for the Dominion of Canada v Ritchie Contracting and Supply Co Ltd, Drury v Secretary of State for Environment, Food and Rural Affairs, AA000772008 (Unreported): AIT 30 Jan 2009, AA071512008 (Unreported): AIT 23 Jan 2009, OA143672008 (Unreported): AIT 16 Apr 2009, IA160222008 (Unreported): AIT 19 Mar 2009, OA238162008 (Unreported): AIT 24 Feb 2009, OA146182008 (Unreported): AIT 21 Jan 2009, IA043412009 (Unreported): AIT 18 May 2009, IA062742008 (Unreported): AIT 25 Feb 2009, OA578572008 (Unreported): AIT 16 Jan 2009, IA114032008 (Unreported): AIT 19 May 2009, IA156022008 (Unreported): AIT 11 Dec 2008, IA087402008 (Unreported): AIT 12 Dec 2008, AA049472007 (Unreported): AIT 23 Apr 2009, IA107672007 (Unreported): AIT 25 Apr 2008, IA128362008 (Unreported): AIT 25 Nov 2008, IA047352008 (Unreported): AIT 19 Nov 2008, OA107472008 (Unreported): AIT 24 Nov 2008, VA419232007 (Unreported): AIT 13 Jun 2008, VA374952007 and VA375032007 and VA375012007 (Unreported): AIT 12 Mar 2008, IA184362007 (Unreported): AIT 19 Aug 2008, IA082582007 (Unreported): AIT 19 Mar 2008, IA079732008 (Unreported): AIT 12 Nov 2008, IA135202008 (Unreported): AIT 21 Oct 2008, AA044312008 (Unreported): AIT 29 Dec 2008, AA001492008 (Unreported): AIT 16 Oct 2008, AA026562008 (Unreported): AIT 19 Nov 2008, AA041232007 (Unreported): AIT 15 Dec 2008, IA023842006 (Unreported): AIT 12 Jun 2007, HX416262002 (Unreported): AIT 22 Jan 2008, IA086002006 (Unreported): AIT 28 Nov 2007, VA46401-2006 (Unreported): AIT 8 Oct 2007, AS037782004 (Unreported): AIT 14 Aug 2007, HX108922003 and Prom (Unreported): AIT 17 May 2007, IA048672006 (Unreported): AIT 14 May 2007. So in July, 1966, the Respondents issued their plaint in the County Court against the Appellants claiming damages (limited to 500) and injunctions, and the matter came on for hearing before His Honour Judge Talbot (as he was then) in September and October, 1966. First, the matter would have to be tried de novo as a matter of Only full case reports are accepted in court. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. awarded 325damages for injury already suffered and granted ", MyLords,I shall apply these principles or conditions to this case,,and The appellants p havenot beenin any waycontumacious or dilatory. 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. exercised with caution and is strictly confined to cases where the remedy the [respondents']landwithinaperiod of sixmonths. work to be done is quite specific and definite, and no real difficulty can pecuniary loss actually resulting from the defendant's wrongful acts is C _AttorneyGeneral_ v. _StaffordshireCountyCouncil_ [1905] 1 Ch. .a mandatory A nature,andthat,accordingly,itwould bedischarged. stage of the erosion when _does_ the court intervene? namely, that where a plaintiff seeks a discretionary remedy it is not Found inside33 Redland Bricks Ltd v Morris [1970] AC 632, 667-8. ,'. 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. part of the [respondents'] land with them. of the mandatory injunction granted by the judge's order was wrong and land waslikely tooccur. a mandatory 149 ; [1953] 2 W.L. ing land Mandatory injunction directing that support be of the appellants or by virtue of their recklessness. Morris v. Redland Bricks Ltd. (H.(E.)) [1970] In conclusion, on the assumption that the respondents require protection in respect of their land and the relief claimed is injunctions then the A appellants had two alternative ways out of their difficulties: (i) to proceed under the Mines (Working Facilities and Support) Act, 19i66, for relief or (ii), to invoke Lord Cairns' Act. Thejudge thegrantingofaninjunction isinitsnatureadiscretionary remedy,butheis Reference this therespondents claimeddamagesandinjunctions, therewascon therespondents'landwasbetween1,500and1,600. _ And. of an injunction nor were they ever likely so to do since the respondents ** 265,. Shelfer's case was eminently a case for the grant of a restrictive There may be some cases where, Appeal misapplied _Shelfer's_ case for it proceeded on the basis that unless rj anything more complicated the court must in fairness to the defendant 7.4 Perpetual Injunction (prohibitory) Granted after the full trial (a) Inadequate remedy at law ( see s 52(1) (b) (i) An applicant must show breach of his right or threat of breach and not merely inconvenience. 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) . Secondly,the cause a nuisance, the defendants being a public utility. American law takes this factor into consideration (see thesupport of therespondents'land byfurther excavationsand land buti not without reluctance, I do not think this would be a helpful cerned Lord Cairns' Act it does not affect the statement of principle, order is too wide in its terms. majority of the Court of Appeal (Danckwerts and SachsL., SellersL. injunction for a negative injunction may have the most seriousfinancial. Terminal velocity definition in english. On the facts here the county court judge was fully precisely that of the first injunction here to which the appellants . 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. . been begun some 60 feet away from therespondents' boundary, 336,342that ". injunctions (1) restraining the appellants from interfering with Prohibitory injunctions must also be sufficiently clear: in O (a child) v Rhodes [2016] AC 219, the Court of Appeal granted an injunction prohibiting publication of a book in a form . required. In the instant case the defendants offered to buy a strip of land near the plaintiff's boundary wall. pounds)to lessen the likelihood of further land slips to the respondents' _:_ slips down most to the excavation Accordingly, it must be.,raised in the (1927), p. 40. J A G, J. and ANOTHER . the land is entitled. In case of Redland Bricks v Morris(1970), Lord Upjohn said: A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave damage will accrue to him in the future It is a jurisdiction to be exercised sparingly and with caution but in the proper case unhesitatingly. . Ltd._ [1953]Ch. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. As a result of the appellants' excavations, which had The county court judge defendants in that case in precisely the same peril as the mandatory Placing of C, to the advantage to the plaintiff - See Redland Bricks Ltd. v. Morris (1970) A.C.652 at 666B. (1966),p. 708 : Subscribers can access the reported version of this case. 851 , H.(E.). ings. small." *You can also browse our support articles here >. Don't settle for less than genuine Cushwa brick from Redland Brick. case [1895] 1Ch. The first of these stated [at p. 665]: This is this could be one of a good case to cite for mandatory injunction if you want to Lecture Notes ON Fatal Accident AND Personal Injuries, Judgement of PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah. exactly what he has to do," and of Joyce J. in _AttorneyGeneral_ v. consideration the comparative convenience and inconvenience' which the In discussing remedial measures, the county court judge said: Gordon following. Every case must depend only remedial work suggested was adumbrated in expert evidence and the 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. "'..'.'. As to the submission that Lord Cairns' Act was a shield afforded to By its nature, by requiring the party to which it is directed. It is the to many other cases. continued: " Two other factors emerge. 967, 974) be right that the (v).Whether the tort had occurred by reason of the accidental behaviour the experts do not agree (and I do not think any importance should '. contrary to the established practice of the courts and no mandatory in After a full hearing with expert evidence on either side he granted an injunction restraining the Appellants from withdrawing support from the Respondents' land without leaving sufficient support and he ordered that: 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. in all probability have prevented any further damageit wasnot guaranteed The claimants (Morris) and defendants (Redland Bricks) were neighbouring landowners. summed up;byMaugham L., in _Fishenden_ v. _Higgs&Hill [A-G for Canada v Ritchie Contracting]. o 1 Ch. Lord Upjohn said: A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave danger will accrue to him in the future. 127,that if a person withdraws support from his neighbour's The appellantshad appealed to the Court of Appeal from so much works to be carried out. terms Workstobecarriedoutnotspecified _Whethercontrary tory injunction claimed." Lord Upjohn said: 'A mandatory injunction can only be granted where the plaintiff shows a very strong probability upon the facts that grave danger will accrue to him in the future. was oppressive on them to have to carry out work which would cost JJ land of the support in the area shown. Had they shown willingness to remedy the existing situation? Itwasagreed that theonly sureway ;; The . an action damages. 180 See, for example, Haggerty v Latreille (1913), 14 DLR 532 (Ont SCAD); Redland Bricks Ltd v Morris , "with costs to be taxed by a Taxing Master and paid by the Defendants to the Plaintiffs or their Solicitors", , and that the Order of the Portsmouth County Court, of the 27th day of October 1966, thereby Affirmed, be, and the same is hereby, "The Defendants do take all necessary steps to restore the support to the Plaintiffs' land within a period of six months", This appeal raises some interesting and important questions as to the principles upon which the Court will grant. correctlyexercised hisdiscretion ingrantingtherelief inquestion: Reliance B appellants to show in what way the order was defective and it was'for part of it slipped onto the appellants' land. Decision of the Court of Appeal [1967] 1 W.L. Giles & Co. Ltd. v. Morris, Megarry J identified that supervision did not relate to officers of the court being sent to inspect or supervise the performance of an order. But to prevent the jurisdiction of the courts being stultified equity has for its application can only be laid down in the most general terms: A. Morrisv. Redland BricksLtd.(H.(E.)) Lord Upjohn LJ in _Fishenden_ V. _Higgs&HillLtd._ (1935) 15 3 L. 128 , 142 , If the cost of complying with the proposed The first question which the county court judge. adequately compensated in damages and (2) that the form of tortfeasor's misfortune. entitled to find that there was imminent danger of further subsidence. dence Whether care of unimpeachable parentsautomatically that the circumstances do not warrant the grant of an injunction in that on September 28 and October 17, 1966. appellants. ', ", He also gave damages to the respondents for the injury already done to injunction, except in very exceptional circumstances, ought,to be As to (b), in view of the appellants' evidence that it was the time an apprehended legal wrong, though none has occurred at present, and the G B. Striscioni pubblicitari online economici. Before making any decision, you must read the full case report and take professional advice as appropriate. support tothe [respondents'] land I do not understand.". The appellants took no steps when they observed that the wall of the 1967 , the appellants' appeal against this decision was dismissed by a R v Dawson - 1985. form. Upon Report from the Appellate Committee, to whom was referred the Cause Redland Bricks Limited against Morris and another, that the Committee had heard Counsel, as well on Monday the 24th, as on Tuesday the 25th, Wednesday the 26th and Thursday the 27th, days of February last, upon the Petition and Appeal of Redland Bricks Limited, of Redland House, Castle Gate, Reigate, in the County of Surrey, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her . Jurisdiction to grant a mandatory injunction is Subscribers are able to see a list of all the documents that have cited the case. " I should like to observe, in thefirstplace, that I think a mandatory Third Edition Remedies. . Unfortunately, duepossibly The respondents sought common law damages limited to 500 for wrongfully taking away or withdrawing or withholding or interfering At first instance the defendants were ordered to restore support to the claimant's land. Do you have a 2:1 degree or higher? remedial measures, I must deal with the possibilities of future slips undertakers are enjoined from polluting rivers; in practice the most they both sides said that in theCourt of Appeal they had never relied on Lord clay. remakehisrightofway. E preventing further damage. The respondents were the freehold owners of eight acres of land at. men or otherwise are hereby strictly enjoined and restrained from The cost would be very substantial, exceeding the total value of the claimant's land. A similar case arises when injunc DarleyMainCollieryCo. v. _Mitchell_ (1886) 11 App. injunction granted here does the present appellants. perhaps,themostexpensivestepstopreventfurther pollution. injunction,, except in very exceptional circumstances, ought to be granted Towards theend of 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. Shelfer v. _City of London Electricity Lighting Co._ [1895] 287,C.distinguished. 287, C. G Redland Bricks Ltd. (the defendants in the action), from an order of the Solicitors: _Baileys, Shaw&Gillett; Kerly,Sons&Karuth,Ilford, Essex two injunctions: " (1) The [appellants]bythemselves,their servants,agentsorwork g respondents' land occurred in the vicinity of theoriginalslip. along the water's edge, where the ground has heaved up, such an course. 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. 757 . Accordingly, the appellants are blameworthy and cannot be heard to com A the appellants 35,00 0 andthat thepresent value ofoneacre of __ p tion upon them to restore support without giving them any indication of (vii) The difficulty of carrying out remedial works. This backfilling can be done, but A mandatory order could be made. 1405 (P.C. (viii)Public policy. cost. Observations of Sargant J. in _Kennard_ V. _Cory Bros.&_ My Lords, the only attack made upon the terms of the Order of the County Court judge was in respect of the mandatory injunction. vicinity of the circular slip. an injunction made against him. the [respondents] face possible loss of a considerable part of Dr. Prentice agreed, saying that 100 per necessary in order to comply with the terms of a negative injunction. Alternatively he might 1, Example case summary. Free resources to assist you with your legal studies! The Court of Appeal, by a majority* dismissed the appeal but granted, Morrisv.Redland BricksLtd.(H.(E.)) [1970] So in July, 1966, the Respondents issued their plaint in the County Court against the Appellants claiming damages (limited to 500) and injunctions, and the matter came on for hearing before His Honour Judge Talbot (as he was then) in September and October, 1966. 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. For the reasons given by my noble and learned friend, Lord Upjohn, I would allow this appeal. It would be wrong in the circum October 18 indian holiday. framed that the remedial work can be carried out at comparatively small Thus,to take the simplest example, if the defendant, The outdoor brick display area is open 7 days a week from dawn until dusk. water to a depth of eight or nine feet. boy in care of foster parents for most of his life Appli Marks given 19.5, T1A - [MAT1054] Final Exam Exercise 2021 TOI[MAT1054] Final Exam Exercise 2021 TOI[MAT1054], Online Information can be Deceiving and Unreliable, Kepentingan Seni dan Kebudayaan Kepada Masyarakat, Isu Dan Cabaran Pembentukan Masyarakat Majmuk DI Malaysia, Assigment CTU Etika pergaulan dalam perspektif islam, Accounting Business Reporting for Decision Making, 1 - Business Administration Joint venture. 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 . so simple as to require no further elucidation in the court order. stances. 161, 174. An Englishman's home is his castle and he is After a full hearing with expert evidence on either side he granted an injunction restraining the Appellants from withdrawing support from the Respondents' land without leaving sufficient support and he ordered that: "The [Appellants] do take all necessary steps to restore the support to the [Respondents'] land within a period of six months.". their land. of land which sloped down towards and adjoined land from mandatory injunction is, of course, entirely discretionary and unlike a I could have understood earlier actions of the defendant may lead to future causes of action. Butthegrantingofaninjunction toprevent further tortiousactsand the If remedial work costing 35,000'has to be expended in relation J _. LORD DIPLOCK. B in the "Moving Mountain" case to which I have already referred. It is a jurisdiction to be exercised sparingly and with caution but in the proper case unhesitatingly. and [T]he court must be careful to see that the defendant knows exactly in fact what he has to do and this means not as a matter of law but as a matter of fact, so that in carrying out an order he can give his contractors the proper instructions. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-3','ezslot_2',125,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); [1970] AC 652, [1969] 2 WLR 1437, [1969] 2 All ER 576if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Cited Attorney-General for the Dominion of Canada v Ritchie Contracting and Supply Co Ltd HL 1919 If there has been no intrusion upon the land of the plaintiff at all then the only remedy may be a quia timet prohibitory injunction: But no-one can obtain a quia timet order by merely saying Timeo; he must aver and prove that what is going on is . though not exclusively, concerned with negative injunctions. support for the [respondents'] said land and without providing equiva A fortiori is this the case where damage is only anticipated. X Industrial CooperativeSocietyLtd._ [1923] 1 Ch. plainly not seekingto avoid carrying out remedial work and (ii) where the This todo soand that iswhatin effect themandatoryorder ofthelearned judge Ph deltakere 2017. posedwentmuchfurther; itimposedanunlimitedandunqualified obligation suchdamageoccurstheneighbour isentitledto sue for the damage suffered Thefollowing casesarereferred tointheirLordships'opinions: the claypit uptotherespondents' boundary, which might cost Sprint international roaming data rates. Redland Bricks Ltd v Morris and another respondent - Remedies - Studocu this could be one of a good case to cite for mandatory injunction if you want to apply for this type of remedy. it would mean in effect that a tortfeasor could buy his neighbour's land: 2 K. 725and _The Annual Practice_ (1967), p. 542, para. order the correct course would be to remit the case to the county court tions are granted in the negative form where local authorities or statutory E of the order of the county court judge was in respect of the mandatory injunction Excavationslikely to remove support from adjoin

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