» Main Index
» Search This Site
» Submit Update
» Contact Us
|
Home > London >
SE1 > Watermans Arms
Watermans Arms
|
|
|
|
The Watermans Arms was situated at 60 Bankside. This pub has now been demolished. |
Source: Ian Chapman |
|
Shelfer v City of London Electrical Lighting Co., [1895] 1 Ch 287
This pub was the plaintiff in an important private law case cited above;
this case is taught in law schools throughout England and Wales, and the
principle that emerged is known as "Shelfer Damages". In this case, the
plaintiff leased a pub called the Waterman's Arms at this location. The
defendant built an electrical plant next door (which became the Bankside
Power Station, and later the Tate Modern art museum), which caused a
'nuisance' to the owner of the pub, including physical damage to the
premises. The usual remedy for nuisance is an injunction.
In 1858, the Parliament had passed Lord Cairns' Act (21 & 22 Vict. c27),
also known as Chancery Amendment Act 1858, under which the Court has
jurisdiction to award damages instead of an injunction. This is an important
statute because it represents a further step in the unification of the
courts of common law and the courts of equity.
In the Shelfer case, A.L. Smith LJ found that damages may be given in
substitution for an injunction in cases where there are found in combination
the four following requirements, viz.,
where the injury to the plaintiff's legal rights is (1.) small, (2.) capable
of being estimated in money, (3.) can be adequately compensated by a small
money payment, and (4.) where the case is one in which it would be
oppressive to the defendant to grant an injunction.
In this case, it was found that the injury was not small; that the profit on
the lease of the pub was not capable of being estimated in money, let alone
a small amount of money; and that given the defendant's attempts at abating
the nuisance, an injunction would not be oppressive. The injunction was
therefore granted.
This pub appears to have been located at the landing to the Millenium
Bridge. |
Ross Martin (June 2021) |
|
|
Do you have any anecdotes, historical information, updates or photos of this pub? Become a contributor by submitting them here. Like this site? Follow us on
Make email contact with other ex-customers and landlords of this pub by adding your details to this page. |
|
|