Legal fictionDeemedHouse of Lords

East End Dwellings Co. Ltd. v Finsbury Borough Council

[1952] Appeal Cases 10919521 min read
The case in brief30-second read
Facts
War damage destroyed houses on the land. Town and Country Planning Act 1947 deemed land with destroyed houses to still have houses "erected" on it for planning purposes.
Issue
How far must a statutory fiction (deeming provision) be carried?
Held
Lord Asquith: "If you are told to assume a fact, you must do so with all its consequences"
Principle
When a statute creates a legal fiction (by use of words "shall be deemed"), the court must carry the fiction to its logical conclusion but not beyond the purpose for which the fiction was created.
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Facts

  • War damage destroyed houses on the land
  • Town and Country Planning Act 1947 deemed land with destroyed houses to still have houses "erected" on it for planning purposes
  • Council sought to acquire the land using powers applicable to land with houses
  • Company argued: the houses no longer physically existed

Issue

  1. How far must a statutory fiction (deeming provision) be carried?

Held

  • Lord Asquith: "If you are told to assume a fact, you must do so with all its consequences"
  • The fiction that houses are "erected" must be carried to its logical conclusion for the statutory purpose
  • But the fiction cannot be extended to purposes beyond those for which it was created
  • Council's power upheld within the scope of the planning fiction

Ratio decidendi

When a statute says something "shall be deemed" to be the case, the court must assume the fictional fact to be real and draw all logical consequences from it. However, the fiction must not be pushed beyond the purpose for which it was created by the Legislature.

Exam use

How to use it in an answer

  • Leading authority on construction of deeming provisions / legal fictions
  • Lord Asquith's dictum is quotable
  • Key line: "In East End Dwellings v. Finsbury (1952), Lord Asquith stated that when told to assume a fact, 'you must do so with all its consequences,' but the fiction must not be pushed beyond its statutory purpose."

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Citation

East End Dwellings Co. Ltd. v. Finsbury Borough Council [1952] Appeal Cases 109

Reported: [1952] AC 109. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.