Report No. 63

2.21. Developments in England summarised.-

To summarise what is stated above, the law in England, speaking chronologically, has undergone the following broad stages:-

(i) Liberal view at common law.1

(ii) Strict view at common law.2

(iii) Statutory modification of the common law by the Act of 1833 (Lord Tenterden's Act), to a limited extent.

(iv) Reluctance of the courts to construe the Act of 1833 liberally, accompanied, at the same time, with a criticism of its narrow scope.

(v) Further liberal provision by statute, by the Act of 1934.

(vi) Judicial construction of the Act of 1934.

1. Compare Lord Mansfield's judgment.

2. Compare Lord Ellenborough's judgment.