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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Famous quotes containing the words trials and/or judge:
“All trials are trials for one’s life, just as all sentences are sentences of death.”
—Oscar Wilde (1854–1900)
“To judge the appearances we receive of things, we should need a judicatory instrument; to verify this instrument, we should need a demonstration; to rectify this demonstration, we should need an instrument: so here we are arguing in a circle.
Seeing the senses cannot decide our dispute, being themselves full of uncertainty, we must have recourse to Reason; there is no reason but must be built upon another reason, so here we are retreating backwards to all eternity.”
—Michel de Montaigne (1533–1592)