Lloyd Kenyon, 1st Baron Kenyon - Cases Quotes

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The use of cases is to establish principles; if the cases decide different from the principles, I must follow the principles, not the decisions.

Lloyd Kenyon, 1st Baron Kenyon
It is the great duty of every Court of justice to administer justice as well as they can between the litigating parties ; another, and not less material, duty is to satisfy those parties that the whole case has been examined and considered.

Lloyd Kenyon, 1st Baron Kenyon
In many cases a party undertakes to prove a custom from the time of legal memory, the reign of Richard the Second; but that proof is generally established by evidence of acts done at a much later period, and frequently no evidence is given beyond the present century.

Lloyd Kenyon, 1st Baron Kenyon
Courts of equity make their decrees so as to arrive at the justice of the case without violating the rules of law.

Lloyd Kenyon, 1st Baron Kenyon
We are all desirous to sit as long as we can, but necessity justifies that which it compels; the strength of man is not adequate to this. Lord Mansfield, as little inclined to give way as any man, did give way at a certain hour in the case of Lord Pomfret.

Lloyd Kenyon, 1st Baron Kenyon
Some modern cases have in my opinion gone too far.

Lloyd Kenyon, 1st Baron Kenyon
With regard to the construction of statutes according to the intention of the legislature, we must remember that there is an essential difference between the expounding of modern and ancient Acts of Parliament. In early times the legislature used (and I believe it was a wise course to take) to pass laws in general and in few terms; they were left to the Courts of law to be construed so as to reach all the cases within the mischief to be remedied. But in modern times great care has been taken to mention the particular cases in the contemplation of the legislature, and therefore the Courts are not permitted to take the same liberty in construing them as they did in expounding the ancient statutes.

Lloyd Kenyon, 1st Baron Kenyon
A Court of equity can mould interests differently from a Court of law; and can give relief in cases where a Court of law cannot.

Lloyd Kenyon, 1st Baron Kenyon
Counsel are frequently induced, and they are justified in taking the most favourable view of their clients' case; and it is not fair to pass over any piece of evidence they find difficult to deal with, provided they cite, fairly and correctly, those parts of the evidence they comment upon.

Lloyd Kenyon, 1st Baron Kenyon
Notwithstanding all the care and anxiety of the persons who frame Acts of Parliament to guard against every event, it frequently turns out that certain cases were not foreseen.

Lloyd Kenyon, 1st Baron Kenyon
There are many situations in life, and particularly in the commercial world, where a man cannot by any diligence inform himself of the degree of credit which ought to be given to the persons with whom he deals; in which cases he must apply to those whose sources of intelligence enable them to give that information. The law of prudence leads him to apply to them, and the law of morality ought to induce them to give the information required.

Lloyd Kenyon, 1st Baron Kenyon
No person is less disposed than I am to accommodate the law to the particular convenience of the case: but I am always glad when I find the strict law and the justice of the case going hand in hand together.

Lloyd Kenyon, 1st Baron Kenyon
Whatever might have been my opinion, had this been a new case, I must hold myself bound by decided cases.

Lloyd Kenyon, 1st Baron Kenyon
There are cases where examinations are admitted, namely, before the coroner, and before magistrates in cases of felony. That appears to me to go rather in support of the general rule than in destruction of it. Every exception that can be accounted for is so much a confirmation of the rule that it has become a maxim, Exceptio probat regulam.

Lloyd Kenyon, 1st Baron Kenyon