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" "The customer pays his money and gets a ticket. He cannot refuse it. He cannot get the money back. He may protest to the machine, even swear at it. But it will remain unmoved.
The Right Honourable Alfred Thompson Denning, Baron Denning, OM, PC (23 January 1899 – 5 March 1999), most commonly referred to as Lord Denning, was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales).
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Fundamental to our constitution is the supremacy of the Queen in Parliament and that our laws should be enacted by Parliament, by its authority in regulations, or indeed by judges in declaring the common law. That is what I understand is meant by the supremacy and sovereignty of the Queen in Parliament. I hope to show you in the course of my observations that that sovereignty is being eroded and that we are coming under another sovereignty—that of Europe and of the Council of Ministers. That is the challenge we face today.
Broadchalke is one of the most pleasing villages in England. Old Herbert Bundy, the defendant, was a farmer there. His home was at Yew Tree Farm. It went back for 300 years. His family had been there for generations. It was his only asset. But he did a very foolish thing. He mortgaged it to the bank. Up to the very hilt. Not to borrow money for himself, but for the sake of his son. Now the bank have come down on him. They have foreclosed. They want to get him out of Yew Tree Farm and to sell it. They have brought this action against him for possession. Going out means ruin for him. He was granted legal aid. His lawyers put in a defence. They said that, when he executed the charge to the bank he did not know what he was doing: or at any rate that the circumstances were such that he ought not to be bound by it. At the trial his plight was plain. The judge was sorry for him. He said he was a "poor old gentleman." He was so obviously incapacitated that the judge admitted his proof in evidence. He had a heart attack in the witness-box. Yet the judge felt he could do nothing for him. There is nothing, he said, "which takes this out of the vast range of commercial transactions." He ordered Herbert Bundy to give up possession of Yew Tree Farm to the bank. Now there is an appeal to this court. The ground is that the circumstances were so exceptional that Herbert Bundy should not be held bound.
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