Trials As Judge
- Shirlaw v. Southern Foundries (1926) Ltd 2 KB 206 - in which he defined the "officious bystander test" for implied contractual terms.
- Salisbury (Marquess) v. Gilmore - in which Tom Denning KC attempted to argue that the doctrine of estoppel should be extended to promises rather than solely statements of fact. MacKinnon rejected the argument but Denning had his way once he himself was a High Court judge in Central London Property Trust Ltd v. High Trees House Ltd (1947).
- R v. Home Secretary, ex parte Greene 1 KB 87 - sitting with Lords Justice of Appeal Scott and Goddard, the court rejected Ben Greene's application for a writ of habeas corpus to review his detention under Defence Regulation 18B. The court ruled that is could not question the discretion of the Home Secretary, honestly exercised. Greene appealed to the House of Lords who, in Liversidge v. Anderson, confirmed the Court of Appeal's decision
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