Allen v Gulf Oil Refining Ltd

Parliamentary Archives,
HL/PO/JU/18/241

Die Jovis 29° Januarii 1981

Upon Report from the Appellate Committee to
whom was referred the Cause Allen against Gulf Oil
Refining Limited, That the Committee had heard
Counsel as well on Monday the 1st as on Tuesday
the 2nd and Wednesday the 3rd days of December
last upon the Petition and Appeal of Gulf Oil Refining
Limited whose registered office is at the Quadrangle,
Imperial Square, Cheltenham in the County of
Gloucester praying that the matter of the Order set
forth in the Schedule thereto, namely an Order of Her
Majesty's Court of Appeal of the 27th day of June
1979 so far as regards the words "It is Ordered that
this Appeal be allowed and the Order of the Honour-
able Mr. Justice May set aside" and " And it is
Ordered that the question posed in the preliminary
point of law for the Decision of the Court be answered
in the negative and it is Ordered that the costs of this
Appeal be taxed by a Taxing Master and paid by the
Defendant to the Plaintiff's Solicitors" might be
reviewed before Her Majesty the Queen in Her Court
of Parliament and that the said Order so far as
aforesaid might be reversed, varied or altered and that
the Petitioners might have the relief prayed for in the
Appeal or such other relief in the premises as to Her
Majesty the Queen in Her Court of Parliament might
seem meet; as also upon the Case of Elsie May Allen
lodged in answer to the said Appeal; and due considera-
tion had this day of what was offered on either side
in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in the Court of Parliament of Her
Majesty the Queen assembled, That the said Order
of Her Majesty's Court of Appeal of the 27th day of
June 1979 complained of in the said Appeal be, and
the same is hereby Set Aside save as to Costs before
Mr. Justice May and the Legal Aid Taxation of the
Respondent's Costs in the Court of Appeal and that
it be Declared that the Appellants may rely on the
Gulf Oil Refining Act 1965 as a defence in any
proceedings for nuisance but only so far as the nuisance
can be shown to be the inevitable result of erecting
and operating a refinery: And it is further Ordered,
That there be no order for Costs in this House save
that the Respondent's Costs be taxed in accordance with
provisions of Schedule 2 to the Legal Aid Act 1974:
And it is also further Ordered, That the Cause be,
and the same is hereby, remitted back to the Queen's
Bench Division of the High Court of Justice to do
therein as shall be just and consistent with this
Judgment.

HOUSE OF LORDS

ALLEN
(RESPONDENT)

v.

GULF OIL REFINING LIMITED
(APPELLANTS)

Lord Wilberforce
Lord Diplock
Lord Edmund-Davies
Lord Keith of Kinkel
Lord Roskill

Lord Wilberforce

my…