William Brett, 1st Viscount Esher: Case

William Brett, 1st Viscount Esher was British lawyer, judge and politician. Explore interesting quotes on case.
William Brett, 1st Viscount Esher: 32   quotes 0   likes

“To my mind when a great Judge, a master of the whole subject, thinking it necessary for the decision of the case to carefully examine into and to state the practice, it is nothing to say as against that, that it was not necessary for the decision.”

William Brett, 1st Viscount Esher

Ex parte Bell Cox (1887), 57 L. J. (N. S.) Q. B. 103.

Thinking , Decision

“The Court ought never to come to the conclusion that two cases in the same Court, or in Courts of co-ordinate jurisdiction, are in conflict, unless it is obliged to. I agree that if two cases are in conflict the Court must say with which of them it agrees.”

William Brett, 1st Viscount Esher

Duke of Devonshire v. O'Connor (1890), L. R. 24 Q. B. D. 473.

“Well, then, the moment there is a patent case one can see it before the case is opened, or called in the list. How can we see it? We can see it by a pile of books as high as this invariably… Now, what is the result of all this? Why that a man had better have his patent infringed, or have anything happen to him in this world, short of losing all his family by influenza, than have a dispute about a patent. His patent is swallowed up, and he is ruined. Whose fault is it? It is really not the fault of the law; it is the fault of the mode of conducting the law in a patent case. This is what causes all this mischief.”

William Brett, 1st Viscount Esher

Ungar, v. Sugg (1892) 9 RPC 113, at 116

Books , World , Family , Law

“A great deal of difficulty has been caused in the administration of the law, and particularly of the common law, by decisions in which technical rules have been formulated which were not true—that is, were not in accordance with the facts of the case.”

William Brett, 1st Viscount Esher

In re North, Ex parte Hasluck (1895), L. R. 2 Q. B. D. [1895], p. 269.

Law , Decision

“I do not think that a Judge would wish any statement which he may have made in the course of a case, merely obiter and casually, to be treated as necessarily being an authority on the subject in question; but when a Judge has thought it necessary for the purpose of a case to make a deliberate examination of the practice of his Court, and to state such practice, I do not think the authority of such statement can be got rid of merely by arguing that it was not really necessary for the actual decision of the case. I think that such a statement if cited as an authority is entitled to great weight, though of course not binding on us as a decision.”

William Brett, 1st Viscount Esher

Ex parte Rev. James Bell Cox (1887), L. R. 20 Q. B. D. 19.

Question , Thinking , Decision