Judgments - Cadogan Estates Limited v. Mcmahon (A.P.)

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Although no new statutory tenancies can be created, there are more than 100,000 still in existence, and the availability of housing benefit makes the present issue of much greater importance than was the case in the past. Moreover, a similar point may arise in other contexts, and it would be unfortunate if an erroneous decision of the House were available to be relied upon in other cases. The books are full of cases which are still relied upon today even though the context in which the litigation arose is long since obsolete. In a case where no useful purpose would be served by reversing the Court of Appeal, the proper course is to refuse leave to appeal. The reversal of the decision below can then be left to another day. But the case is before us, and I do not think we can escape our duty to do justice to the parties as well as to clarify the law for the future.


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