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Case Law
3174 cases across 17 courts
3174 cases
Citation pending | 1949-11-03
By the Housing Act, 1936, s 9(1): “Where a local authority … are satisfied that any house which is occupied, or is of a type suitable for occupation, by persons of the working classes is in any respect unfit for human...
Citation pending | 1949-10-18
Purchase Tax – Wholesale value – Appropriation by manufacturer of chargeable goods for sale in retail department – Opinion of commissioners – Power of court to review – Finance (No 2) Act, 1940 (c 48), s 21(1).
Citation pending | 1949-07-11
LORD GODDARD CJ. I mean no disrespect to the interesting and elaborate a rgument of counsel for the company if I do not call on counsel for the Crown, because this case raises a short point of construction of a section...
Citation pending | 1949-06-30
Appeal by the husband from a judgment of His Honour Judge Carey-Evans, sitting as a commissioner in divorce, dated 22 February 1949, refusing to grant to the husband a decree of divorce on the ground of the wife ’ s...
Citation pending | 1949-06-29
By a conveyance dated 28 September 1945, the mortgagor a cquired property which, by a mortgage of the same date, he charged to the plaintiffs with the payment by instalments of the sum secured. Before 28 September...
Citation pending | 1949-04-06
Settlement – “All that the share and interest of and in the residuary trust fund under the will of” AD – Whether an a ppointed share is a share under the will – Whether settlement an a ssignment of present interests...
Citation pending | 1949-03-16
On 31 October 1939, a testator made a will in American form disposing of his a ssets in the United States of America and directing his American trustee after the death of M to pay over the whole of his trust estate to...
Citation pending | 1949-02-14
The action was brought more than six years after the date of the conversion and the defence was that the cause of action a ccrued at the date of conversion and, a ccordingly, the action was barred by the Limitation Act...
Citation pending | 1949-02-11
By her will a testatrix gave a legacy of £5,000 to trustees on trust to pay the income to H G for her life, and directed that “after her death [they] shall stand possessed of both income and capital thereof in trust...
Citation pending | 1949-02-09
A was the tenant of a flat in a block owned by the defendant landlords. A. ’ s wife, who kept house for him, in crossing the courtyard a ttached to the premises, tripped over an irregularity in the surface, and was...
Citation pending | 1949-01-21
At a court of summary jurisdiction sitting at Nottingham on March 22, 1948, informations were preferred by the respondent, Robert James Tull Smith, a solicitor, on behalf of the Law Society, under s 47 of the...
1 | 1949-01-12
Appeal by the tenant from an order of Slade J dated 15 June 1948, reported [1948] 2 AllER 224, whereby the landlords were a warded judgment for £115 2s 2d, a rrears of rent. The decision turned on the amount of the...
Citation pending | 1948-12-15
The Trade Marks Act, 1938, s 26, provides: “(1) … a registered trade mark may be taken off the register … on a pplication by any person a ggrieved to the court or … to the registrar, on the ground … (b) that up to the...
Citation pending | 1948-12-15
At least the same degree of cruelty must be proved to justify the making of a maintenance order by a court of summary jurisdiction in favour of a wife under the Summary Jurisdiction (Married Women) Act, 1895, s 4, as...
Citation pending | 1948-12-09
The plaintiff, an electrical fitter employed by the defendants, electricity undertakers, was injured in an explosion which occurred while he was about to carry out a test at a switchboard in connection with the...
Citation pending | 1948-12-02
TUCKER LJ. This is an action brought by Horace Archibald Benson against the Home Office. It is a claim for damages for breach of contract, the breach a lleged being wrongful dismissal which took place on 30 May 1930,...
Citation pending | 1948-11-09
A dispute having a risen between the owners of the Norwegian tanker, Petrofina, and charterers whether the owners were entitled to cancel a charterparty dated 18 March 1937, between the parties, the a rbitrator,...
Citation pending | 1948-11-03
The landlords of a dwelling-house during the tenancy thereof by B, installed gratuitously in the house a new boiler to replace an old one. During very cold weather, B ’ s daughter, C, lit a fire in the boiler, which...
19 | 1948-10-22
Held – The word “tenant” in the Rent and Mortgage Interest Restrictions Act, 1923, s 10, referred to the original tenant A, and, in a rriving at the proportion of the rent fairly a ttributable to a ttendance, regard...
Citation pending | 1948-10-18
Adultery – Evidence – Cross-examination – “Have you ever committed a dultery?” – General charge of a dultery pleaded – Particulars of specific a cts – Denial in evidence of specific a cts – Supreme Court of Judicature...
Citation pending | 1948-10-04
The a ppellant contracted bronchitis while serving in the a rmy before the war. In 1939 he re-enlisted and was passed fit for service. His duties involved guard duties in the performance of which he was exposed to the...
Citation pending | 1948-07-30
SELLERS J read the following judgment. The plaintiffs are an American company carrying on business in Chicago. The defendant is a Dutchman who carries on business in Holland, England and elsewhere. The action is...
Citation pending | 1948-07-12
Appeal by the executrix of the sole proprietor of the plaintiff firm from an order of Lord Goddard CJ dated 8 June 1948, and reported [1948] 2 AllER 144, refusing leave to a mend the writ by the substitution of herself...
Citation pending | 1948-07-09
The plaintiff ’ s husband was killed in an a ccident while a passenger in a motor omnibus belonging to the defendants, and she sought to recover damages under the Fatal Accidents Act, 1846, and the Law Reform...
Citation pending | 1948-07-08
At a meeting of the commissioners on 18 July 1946, Goodlass Wall & Lead Industries Ltd (hereinafter called “the company”) a ppealed against an a dditional a ssessment to income tax made under sched D, Case V, in the...
Citation pending | 1948-06-29
By the Evidence Act, 1938, s 1(1), a court may in the circumstances specified order that a written statement shall be a dmissible as evidence notwithstanding that the maker thereof is not called as a witness, but by...
Citation pending | 1948-06-25
The Guardianship of Infants Act, 1925, s 1 provides: “Where in any proceeding before any court … the custody or upbringing of an infant … is in question, the court, in deciding that question, shall regard the welfare...
1 | 1948-06-15
Action by the landlords for a rrears of rent of a flat a mounting to £115 2s 2d, and counterclaim by the tenant for rent overpaid a mounting to £165 13s 6d and for a declaration that the standard rent of the flat was...
Citation pending | 1948-06-08
The action was brought by the executrix of Alexander Mountain in the name of “Alexander Mountain & Co (trading as a firm).” The deceased had carried on business as “Alexander Mountain & Co”, a lthough he had no...
Citation pending | 1948-06-08
On the plaintiff ’ s oral undertaking that the defendant would be a llowed to live in a cottage rent free for as long as she desired, the defendant a greed to sell to him that and an a djacent cottage. The plaintiff ’...
Citation pending | 1948-05-14
It is a principle of our law that the punishment inflicted by a criminal court is personal to the offender, and that the civil courts will not entertain an action by the offender to recover an indemnity against the...
Citation pending | 1948-05-12
The action was brought more than 6 years after the date of the conversion and the defence was that the cause of action a ccrued at the date of conversion and, a ccordingly, the action was barred by the Limitation Act,...
Citation pending | 1948-04-30
A testator devised to N a freehold farm, which, after the date of the will but before the testator ’ s death, was damaged by fire. The testator received £400 in respect of his claim under a fire insurance policy, and a...
Citation pending | 1948-03-03
Appeal by a company from a decision of Atkinson J a ffirming a decision of the Special Commissioners of Income Tax by which they disallowed certain sums as capital for the purposes of excess profits tax in the a...
Citation pending | 1948-02-24
Held – A general undertaking of the kind required by the defendant would not be ordered, because the implied obligation, under which each party was, to make no improper use of disclosed documents, was a sufficient...
II and No. III of this schedule | 1948-02-24
Appeal by the taxpayers from an order of Macnaghten J dated 28 July 1947, and reported [1947] 2 AllER 474, a ffirming a decision of the General Commissioners of Income Tax that the value of an air-raid shelter should...
Citation pending | 1948-02-05
(ii) it was only where the exercise of a discretion exceeded the generous a mbit within which reasonable disagreement was possible, and was, in fact, plainly wrong, that an a ppellate court was entitled to interfere,...
Citation pending | 1948-01-16
For the Coal Mining Industry (Pneumoconiosis) Compensation Scheme 1943, see Halsbury ’ s Statutes, Vol 36, pp 198 – 203. See also Willis ’ s Workmen ’ s Compensation, 37th Edn, pp 1065 – 1070, and Supplement, p 60.
Citation pending | 1948-01-15
Landlord and Tenant – Notice to quit – Validity – Fixed term of 18 months followed by tenancy from year to year – Notice to quit at “expiration of your tenancy which will expire next after the end of one half year from...
Citation pending | 1947-12-19
Appeal by the plaintiff from a judgment of Lewis J, dated 31 March 1947. The plaintiff claimed damages for injuries received by him in tripping over a small pile of debris left by the defendants at the side of a road...
Citation pending | 1947-12-19
Appeal by the defendant, the a lleged vendor, in an action for the specific performance of an a lleged contract for the sale of land. The matter turned on the true construction of the document which was a lleged to...
Citation pending | 1947-12-17
Appeal by the husband from a decision of the Court of Appeal (Lord Greene MR Asquith LJ and Vaisey J), dated 17 February 1947, and reported ([1947] 1 AllER 387), a ffirming an order of Hodson J dismissing a petition...
Citation pending | 1947-12-11
On 26 March 1946, a proposal was made on behalf of the Aberaman Ex-Servicemen ’ s Social Club and Institute for the a mendment of the valuation list for the Aberdare Urban District in respect of the premises which it...
Citation pending | 1947-12-10
This case illustrates the dangers facing chieftaincy tribunals when they abandon their conventional and legally permissible constitutional functions and wander in a lien domains where their training and learning do not...
Citation pending | 1947-12-03
Practice – Judgment by default – Interlocutory judgment – “Liquidated demand” – Writ claiming price of goods and damages for breach of contract – Value of goods and damages claimed in statement of claim – RSC, Ord 13,...
Citation pending | 1947-11-10
Per curiam: If a proxy were revoked before the ceremony of marriage took place, but the other spouse and the proxy were unaware of the revocation, the court might hold that the purported marriage was void on the ground...
Citation pending | 1947-11-10
The court is entitled to investigate the action of the local authority with a view to seeing whether it has taken into account matters which it ought not to take into account, or, conversely, has refused to take into...
Citation pending | 1947-10-30
Where a prima facie case of desertion has been made out, the burden of proof is on the deserting spouse to satisfy the court that his belief in the guilt of the other spouse is sufficient to a bsolve him.
Citation pending | 1947-07-28
The Lord Ordinary (Keith), who tried the case, found that the collision was due to the negligence of both vessels and a pportioned the blame between them. On appeal, the First Division held that the “St. Rognvald,”...
Citation pending | 1947-07-28
Case Stated by General Commissioners of Income Tax who had held that the value of an air-raid shelter should be taken into account in a ssessing, for the purposes of income tax under sched A, the a nnual value of...