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Case Law
3174 cases across 17 courts
3174 cases
Citation pending | 1955-10-07
The plaintiff was the father and a dministrator of the estate of Albert George Adams who was killed while serving in the a rmed forces of the Crown as a Class Z reservist. The plaintiff brought this action against the...
Citation pending | 1955-10-04
The a pplicant, who was a daughter of the testator and was now sixty-nine years of age and by reason of physical disability was incapable of maintaining herself, had lived with him at his home until 1911 when she left...
Citation pending | 1955-07-29
On 28 July 1953, the defendant company, having reached the end of its financial resources, evolved a scheme whereby its capital was to be reduced and one million 1s shares were to be issued in order to obtain fresh...
Citation pending | 1955-06-15
The husband caused the wife great mental distress by his persistent drinking, despite warnings both from her and from others that she would not be a ble to stand it. In the last few months of the marriage he became...
Citation pending | 1955-05-10
(ii) the Crown was liable under the lessee ’ s covenants contained in the said lease because it was incompatible with the decisions of the Court of Appeal last cited either that the Crown could divest itself of the...
Citation pending | 1955-04-21
By his will a testator a ppointed the plaintiff to be his executor, and after making other specific bequests provided as follows — “All other money belonging to me I wish to be up in trust for my four grandchildren...
Citation pending | 1955-04-06
Per Curiam: it is not necessary that I should hold that every failure to make proper inquiries, even though the bank can show a ffirmatively that the failure is immaterial, is fatal to a defence under s 82 of the Act...
Citation pending | 1955-04-05
Divorce – Appeal – Appeal to House of Lords – Religious upbringing of child – No question of law – Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo 5 c 49), s. 27(2).
Citation pending | 1955-03-31
Held – (i) A mandatory injunction would not be granted because (a) the court could not compel the performance of personal services or the doing of a continuous act requiring the continuous employment of people (Lumley...
Citation pending | 1955-03-29
Per Curiam: to accept the contention of counsel for the valuation officer that the overhaul and re-conditioning of the units was part of the maintenance of the company ’ s road vehicles would involve dissenting from...
Citation pending | 1955-03-17
By her will dated 31 August 1923, the testatrix who died on 21 July 1932, constituted a residuary trust fund and directed her trustees, in the events which happened, to pay the whole of the income thereof to the first...
Citation pending | 1955-03-14
Per Curiam: (i) their Lordships share the opinion, entertained by all the judges of the High Court of Australia, that the service relationship of a constable to the Crown is not, in principle, distinguishable from that...
Citation pending | 1955-02-16
On 6 June 1953, the plaintiffs issued a specially indorsed writ in the Queen ’ s bench Division a sking for an order that the defendants pay to the plaintiffs £65,900, as money lent plus interest, and on an a...
Citation pending | 1955-02-10
By a settlement made in 1936 trustees were empowered to invest money subject to the settlement in any of the ordinary stock or shares of any “company … in … any British colony or dependency”. The trustees, wishing to...
Citation pending | 1955-02-03
This was an appeal by the shipowners, the claimants, from an order of McNair J dated 20 October 1954, and reported [1954] 3 AllER 324, upholding an a ward by an a rbitrator that, on the facts found and on the true...
Citation pending | 1955-01-18
That seems to me to show that, in the opinion of the House of Lords in that case, the two sections, s 3 and s 4, are quite distinct, and if the a cts which are relied on as a breach of the statute in the present case,...
1 is an electric motor. | 1954-12-01
such societies to be filed a nnually, and establish a Copyright Appeal Board to consider objections to proposed tariffs. A right of action for infringement of copyright vested in such a society is barred if fees...
Citation pending | 1954-11-30
A testator by his will directed his executors to devote the remainder of the income of his estate to the furthering of the Boy Scouts Movement, by helping to purchase sites for camping, outfits, etc. The Boy Scouts...
Citation pending | 1954-11-24
Petition by the husband for divorce on the ground of the wife ’ s desertion; cross-prayer by the wife for divorce on the ground of the husband ’ s desertion. The facts a ppear in the judgment.
Citation pending | 1954-11-11
An a ppellate court, on an appeal from a case tried before a judge a lone, should not lightly differ from a finding of the trial judge on a question of fact, but a distinction in this respect must be drawn between the...
Citation pending | 1954-11-09
Will – Omission – Words of will clearly showing a ccidental omission – Language connoting use of recognised precedent – Words of a ppropriate precedent supplied – Clause a ccordingly construed as creating special power.
Citation pending | 1954-10-29
The plaintiff was a passenger in a vessel belonging to the P & O SN Co and the defendants were the master and boatswain of the said vessel. On 16 July 1952, the plaintiff was a scending the gangway of the vessel when...
Citation pending | 1954-10-20
Disputes as to demurrage having a risen under the charterparty the matter was referred to a rbitration. In the a rbitration and on the Special Case the shipowners were the claimants and the charterers were respondents....
Citation pending | 1954-10-12
By the Marriage Ordinance of 1884 of the Colony of Lagos, s 41: “Where any person who is subject to native law or custom contracts a marriage in a ccordance with the provisions of this or of any other ordinance...
Citation pending | 1954-07-30
The plaintiff was a passenger in a vessel belonging to the P & O SN Co and the defendants were the master and boatswain of the said vessel. On 16 July 1952, the plaintiff was climbing the gangway of the vessel when it...
Citation pending | 1954-07-30
The a ppellant, who was sexually impotent, a ttempted in vain to have intercourse with a prostitute, who jeered at him and hit and kicked him. He then stabbed her with a knife and killed her. He was indicted for murder...
Citation pending | 1954-07-30
Execution – Wrongful and irregular execution – Writ of possession – Judgment in respect of whole premises – Sub-tenant protected by Rent Restrictions Acts – Ejection of sub-tenant – Liability of landlord – RSC, Ord 47,...
4. Was the slide by reason of the gap in its then state at the side of the platform a dangerous equipment for children | 1954-07-29
The defendant council controlled and managed a children ’ s playground to which children of all a ges were a dmitted. The playground contained a chute, which comprised a platform some twelve feet above the ground, a...
Citation pending | 1954-07-27
A sudden emergency, if it is serious enough and cannot reasonably be met in any other way, may amount to a special circumstance for the purposes of s 7(4) of the Road Traffic Act, 1930, under which sub-section the...
[1960] GLR 1 | 1954-07-16
Lord Jenkins delivered the judgment of the Board: This case concerns competing interests in certain real property at Accra, the rival claimants being Ghana Commercial Bank, formerly the Bank of the Gold Coast,...
Citation pending | 1954-07-15
By a marriage settlement made in 1890 a sum of £3,000 was settled on behalf of the wife and was directed to be held on trusts for investment, with power to vary investments, and it was declared that the trustees should...
Citation pending | 1954-07-09
Costs – Joint tortfeasors – Offer before trial by one defendant to contribute fifty per cent of damages and costs – Notional payment into court – Liability for costs after payment in – RSC, Ord 30, r 2(2)(j).
Citation pending | 1954-06-24
By her will a testatrix directed: “The two cottages Kidbrook and Gretna to be used as missionary homes — [Mr B] … also [Mr S] … both know my wish how they are to be used rest homes [for] retired a ged missionaries”. At...
Citation pending | 1954-06-16
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 (c 34), s 18(1), (2).
834 the issues and pleadings of which have been explained to and considered by the central council. Carried without dissent | 1954-06-04
Held – (i) the relationship between the members was contractual, the contract being contained in, or implied from, the rules; while a tribunal or council could by such a contract be made the final a rbiter on questions...
Citation pending | 1954-06-03
In its four and half years of life up to 30 April 1943, a company had a ccumulated a balance on profit and loss account of £145,000. From 1 May to 8 December 1943, it earned a profit of over £14,000. On 9 December...
Citation pending | 1954-06-02
a dministrators, a lleged negligence at common law on the part of the defendants in failing to provide fencing or a guard-rail, and breaches of s 25(3), s 26(1) and s 26(2) of the Factories Act, 1937. Gorman J held...
Citation pending | 1954-05-27
It was submitted on behalf of the wife that the burden of proving “good cause” was on the person a lleging it, and as a matter of general law and practice the right to begin rested on the person who had to discharge...
Citation pending | 1954-05-12
Legal Aid – Costs – Assisted person resident a broad – Costs of a ttendance at court – Prior a pproval of Law Society – Legal Aid (General) Regulations, 1950 (S I, 1950, No 1359), reg 3(4) – Legal Aid (General...
Citation pending | 1954-05-11
ORMEROD J stated the facts and continued, The issue in this case resolves itself into a very short one and it is whether, in view of the terms of Part V of the Housing Act, 1936, the defendants are entitled, in the...
Citation pending | 1954-05-07
Divorce – Restitution of conjugal rights – Answer – Prayer for dissolution of marriage – Competency – Supreme Court of Judicature (Consolidation) Act, 1925 (c 49), s 32 – Matrimonial Causes Act, 1950 (c 25), s 6.
Citation pending | 1954-05-04
The a ppellants, the A Bank Ltd were a company incorporated in Palestine in 1930, their head office being in Jerusalem until 1 July 1948, when it was moved to Amman, Jordan, where the a ppellants became registered on 7...
Citation pending | 1954-04-13
The plaintiff and the defendant, who were wife and husband, the husband being an American citizen, were married in England in April, 1939, and there were three children of the marriage. Differences having a risen...
Citation pending | 1954-04-06
Privy Council – Nigeria – Company – Winding-up – Vountary winding-up – Liquidator nominee of controlling shareholder of company – Proposal for reconstruction of company – Petition by official receiver for compulsory...
Citation pending | 1954-03-09
Hawell v Young is in principle indistinguishable and I am bound by that case and a line of cases which have stood the test of time for many years. In my judgment, the proposition is correctly stated in Dr Charlesworth...
Citation pending | 1954-02-17
By his will, the testator conferred on his son, FA, a power to appoint by deed revocable or irrevocable executed prior to and in contemplation of marriage, or by will or codicil, a life or less interest in a settled...
Citation pending | 1954-01-26
Held – (i) before any right of the wife to remain in the matrimonial home could have a risen on the husband ’ s desertion, the bank ’ s right to possession a rose on the creation of the equitable mortgage, and the fact...
Citation pending | 1954-01-15
By her will a testatrix directed her trustees to hold a fund for the promotion and furtherance of commercial education and prescribed rules for the a dministration of the said trust fund. The objects of the trust were...
Citation pending | 1953-12-18
By his will dated 24 March 1932, a testator, who died on 3 March 1938, devised land, dwelling-houses, and other buildings at Westoning, and also the lordship of the manor and an a dvowson, to the National Trust for...
Citation pending | 1953-12-17
On 3 July 1940, gold belonging to a Dutch Banking company was transferred from safe deposit in London to the Custodian of Enemy Property by a vesting order made by the Board of Trade under the Trading with the Enemy...