Case law
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Division and case type: CriminalMiscellaneous Application
…I now turn to consider whether I should exercise my discretion, under rule 4 of the Rules, to grant the application.…
…The starting point is, as it must be, rule 4 itself which confers the widest measure of discretion and makes no distinction between the various classes of cases.But like all discretion, it must be exercised judicially.…
Division and case type: CivilCivil Appeal
…See Winn LJ in Brown Shipley & Co Ltd v Alicia Hosiery Ltd [1966] 1 Lloyd’s Rep 668, 669, Lord Denning MR held, however, that a court could, in its discretion, hold up payment due on the bill, but only in exceptional circumstances…
…The learned judge in the circumstances properly exercised his discretion in giving judgment for the plaintiff as prayed in the plaint There no merit in this appeal and I would dismiss it with costs.…