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Case Law
3174 cases across 17 courts
3174 cases
Citation pending | 1957-10-09
At the hearing of the suit the commissioner found the charge of cruelty proved and also found tht the wife had not condoned that cruelty. The husband a ppealed against both findings but during the hearing of the appeal...
Citation pending | 1957-07-30
A testator, by his will dated 12 April 1945, left his residuary estate on trust for his wife during her life and gave the ultimate residue of his estate after her death to such of named cousins of his as might be then...
25 | 1957-07-25
The a ppellants, who were building contractors, were employed to remove a sloping ramp leading to the front door of a house (No 25) and to restore a level path and steps up to the front door. On a day in November they...
2 | 1957-05-10
www.zuclibrary.org ZUC Law Platform -Shaping the Future of Law. 6 This case involves very simple issues which are of recurring significance in our courts. And a lthough it is a really straightforward case, it raises...
Citation pending | 1957-04-16
(ii) the paramount clause did not except the shipowners from liability because (i) it should be rejected as insensible in relation to this charterparty for, in particular, the reason that the charterparty was a...
Citation pending | 1957-04-11
Landlord and Tenant – Recovery of possession – Business premises – Defence of absence of notice under Landlord and Tenant Act, 1954 – Tennis courts and premises let to a tennis club – Club a registered society under...
Citation pending | 1957-03-15
Quarry owners so conducted their operations that neighbouring householders were discomfited by vibration from explosions and by the dust emanating from the quarry in dry weather, which frequently resulted in a film of...
Citation pending | 1957-02-19
Premises used for the refining of crude oil included a topping unit, which comprised several separate items of a pparatus connected by pipes through which the crude oil passed in the process of distillation and...
Citation pending | 1957-02-13
On 13 June 1956, mortgagees of a dwelling-house issued an originating summons claiming possession of the house, but no other relief. They joined as defendants the mortgagors and D and his wife who were in occupation of...
Citation pending | 1957-02-07
The taxpayers, the executors of Sir Frank Beauchamp, a ppealed against an a dditional a ssessment to the special contribution in the sum of £11,211 made on them in their representative capacities. Sir Frank Beauchamp,...
Citation pending | 1957-02-06
Will – Gift to issue – Adopted child – Child a dopted in British Columbia – Child and a doptive parent domiciled in British Columbia – Testator domiciled in England – Adoption of Children Act, 1926 (16 & 17 Geo 5 c...
Citation pending | 1957-01-30
Section 15(1) of the Road Traffic Act 1930 has been a mended by s 9(6) of the Road Traffic Act 1956 by deleting the reference to being in charge of a motor vehicle. Section 9 of the Act of 1956 establishes an offence...
Citation pending | 1957-01-29
B having twice been refused planning permission to use land belonging to him as a caravan site for human habitation, nevertheless so used it, continued to use it and was so using it at the time of the hearing of the...
Citation pending | 1957-01-24
Divorce – Foreign decree – Decree granted to wife in Finland on ground of husband ’ s desertion – Husband domiciled in Finland at date of desertion – Subsequent a cquisition by husband of English domicil – Recognition...
Citation pending | 1956-12-21
DEVLIN J read a judgment in which he stated the facts which led up to and resulted in the a ccident which gave rise to the plaintiffs ’ claim, and continued: The plaintiffs rely on three causes of action, trespass,...
Citation pending | 1956-12-20
I am told, and I do not think it is disputed, that in March, 1956, something like fifteen months after the lease had come into existence, the tenant expressed a wish to assign and a sked for leave to do so. The...
Q. | 1956-12-20
The respondent, a girl eighteen years old, was employed by the a ppellants in their factory to operate a power-driven circular saw which was being used for cutting lengths of timber to make chair legs. As she operated...
6 Highgrove Way | 1956-12-19
In Re Percy ((1883), 24 Ch D 616) the testamentary gift was: “I give to my wife … £10,000, a fterwards to go to the understated residuary legatee E.” It is submitted in Jarman on Wills (8th Edn), Vol 1, p 481, that the...
Citation pending | 1956-12-14
By his action the plaintiff, Elliott Archibald Balfour, claimed damages against the defendants in respect of damage done to his premises by a fire which originated on the defendants ’ premises and spread to his...
Citation pending | 1956-11-30
The wife petitioned for divorce on the grounds of the husband ’ s cruelty and of his a dultery with the intervener. The intervener was the wife ’ s sister who at the date of the a lleged a dultery was twelve years of...
Q. | 1956-11-26
The first defendants owned and controlled a large dock estate, part of which was occupied by the second defendants under a lease granted to them by the first defendants in 1927. As access to the second defendants ’...
Citation pending | 1956-11-13
Where it is necessary to prove the original entry in a register of births, and the petitioner cannot without undue expense or inconvenience travel to inspect the register, the Registrars of the Divorce Registry will...
Citation pending | 1956-11-09
LORD GODDARD CJ read the following judgment. The plaintiffs in this action claim damages for breach of contract and in their statement of claim a llege that by an a greement in writing, contained in an offer and tender...
Citation pending | 1956-11-07
At the trial of a libel action in which the defendants pleaded justification the plaintiff called his evidence and did not himself give evidence, but his counsel indicated an intention to call the plaintiff to rebut...
5 being a copy of the international contract bearing the same number. For any divergence which may arise in the fulfilment or construction of the contract contrary to the a foresaid terms | 1956-10-31
On 4 September 1954, the plaintiffs, an Italian company, issued a writ against the defendants, a body which had corporate status by the laws of Spain, claiming damages for breach of a contract for the sale of rye to...
Citation pending | 1956-10-29
This was a Case Stated by the Lands Tribunal (Sir William Fitzgerald, President, C H Bailey, Esq, and Sir Grattan Bushe), under the Lands Tribunal Act, 1949, s 3(4), on the requisition of Associated London Properties...
Citation pending | 1956-07-30
On 11 September 1952, the plaintiff visited the premises of the defendant, a dealer in second-hand cars, and was shown by the defendant ’ s sales manager a 1934 saloon car which the defendant had had for about a week....
Citation pending | 1956-07-26
Res Judicata – Judgment after commencement of action in which plea raised – Action in High Court between drivers of two motor vehicles claiming and counterclaiming damages for negligent driving – Subsequent action in...
Citation pending | 1956-06-28
The a ppellant was the manager of a coal mine. Before going on leave he a ppointed under s 3(2) of the Coal Mines Act, 1911, a duly qualified person to carry out his duties as manager. A few days before his leave began...
Citation pending | 1956-06-25
Held – In so far as the rate proceeded on the basis of the Sch A a ssessment the rate was invalid, since the a nnual value of hereditaments was not determined within s 29(1) of the Land Drainage Act, 1930, until either...
Citation pending | 1956-06-11
During the hearing of the suit counsel for the husband a pplied for leave to read the a ffidavits and the court gave leave and, having considered the evidence, granted the husband a decree nisi. The case is reported...
Citation pending | 1956-05-30
On the facts that I have stated it is quite plain that the husband was guilty of a dultery. It is equally plain that the wife condoned it, but it is settled law that a subsequent desertion by the husband, even if it is...
Citation pending | 1956-05-18
In the years 1951 – 52 the defendants ’ prosperity suffered a set back, largely as result of the market for the defendants ’ products changing from a seller ’ s to a buyer ’ s market, and the shareholders were a dvised...
Citation pending | 1956-05-08
The plaintiff, Elliott Archibald Balfour, claimed damages against the defendants, Hugh David Barty-King and Jennifer Barty-King, his wife, in respect of damage done to the plaintiff ’ s premises by a fire which...
Citation pending | 1956-05-08
Court of Appeal – Time for appeal – Abridgment of time – RSC, Ord 58, r 4(1)(c), r 14 (as substituted by the Rules of the Supreme Court (Appeals), 1955 (SI 1955 No 1885)) – RSC, Ord 64, r 7.
Citation pending | 1956-05-08
UPJOHN J. This is an appeal by the taxpayer, Associated Artists Ltd [herein called “the taxpayer”], from a decision of the Special Commissioners of Income Tax, who heard a claim for exemption from tax under s 448(1)(c)...
Citation pending | 1956-05-01
At the trial of a libel action in which the defendants pleaded justification the plaintiff called his evidence but did not himself give evidence; before the defence had been concluded the jury a sked to retire and were...
Citation pending | 1956-04-18
The plaintiff, Violet Ashdown, claimed damages against the first defendants, Samuel Williams & Sons Ltd, and the second defendants, Wagon Repairs Ltd, for personal injuries and consequential loss and suffering due to...
Citation pending | 1956-03-05
Quaere whether, having regard to the fact that provision is made by the Landlord and Tenant Act, 1954b, for procedure whereby questions in dispute under the Act may be determined, the court ought to entertain an a...
Citation pending | 1956-03-01
Appeal by the sellers, A V Pound & Co Ltd from an order of the Court of Appeal, dated 25 February 1955, and reported [1955] 1 AllER 666, sub nom M W Hardy & Co Incorporated v A W Pound & Co Ltd, reversing an order of...
Citation pending | 1956-02-29
The taxpayers contended that the £16,138 4s 2d was part of the price paid by a third party to the taxpayers as consideration for their a greeing to give up an a gency contract and the case was a ccordingly...
Citation pending | 1955-12-19
Held – (i) The test whether under RSC, Ord 16, r 11, the court had jurisdiction to add as defendant a person whom the plaintiff did not wish to sue was whether the order for which the plaintiff was a sking in the...
Citation pending | 1955-12-19
The Court of Appeal had held (see particularly [1955] 2 AllER at pp 470, 471) that there was an automatic forfeiture of the residue of the term a ssigned to Arffe Ltd notwithstanding that the a ssignment was by...
Citation pending | 1955-12-14
The plaintiff, Allied Investors Trusts, Ltd (the managers of the unit trust scheme called Electrical and Industrial Development Trust) a pplied to the court by originating summons, pursuant to RSC, Ord 54A, for the...
Citation pending | 1955-12-08
Income Tax – Avoidance – Transfer of a ssets to company in Canada – “Associated operations” – Whether in relation to any transfer of a ssets – Residuary bequest in will – Finance Act, 1936 (26 Geo 5 & 1 Edw 8 c 34), s...
It was pressed on me by the Crown that the taxpayer company itself had described the payment in its a ccounts as compensation for loss of office and that | 1955-11-23
HARMAN J read the following judgment. The facts of this case are not in dispute and are sufficiently set out in the Case Stated. The question is whether the inference which the commissioners drew from those facts is a...
Citation pending | 1955-11-23
Appeal by special leave by the Australian Woollen Mills Ltd (formerly called the Australian Woollen Mills Pty Ltd) from an order of the Full Court of the High Court of Australia, dated 4 May 1954, in an action brought...
Q. | 1955-10-31
SINGLETON LJ read the judgment of the court: The plaintiffs were the occupiers of a lock-up shop on the ground floor of No 15 Market Street, Manchester, when on 5 June 1953, there was an escape of water from above and...
Citation pending | 1955-10-26
Machinery is provided whereby, in the absence of a greement between the landlord and tenant, the tenant can apply to the court for a new lease (s 24), and on such an a pplication where the tenancy is one to which Part...
Citation pending | 1955-10-13
A landlord purchased the reversion of a lease of a shop, a building on three floors, and two years later, the tenancy being near its end, the tenant a pplied to the county court for the grant of a new tenancy under s...