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Case Law
3174 cases across 17 courts
3174 cases
Citation pending | 1947-07-24
Owners of land comprised in a compulsory purchase order made by a local authority under s 74 of the Housing Act, 1936, and confirmed by the Minister of Health under sched I, para (4) to the Act, a pplied to the court...
Citation pending | 1947-07-22
By a written contract, dated 30 January 1945, the defendant (the vendor) a greed to sell to the plaintiff (the purchaser) a freehold dwelling-house known as “Thistledown,” which came within the scope of the Rent...
Citation pending | 1947-06-16
Divorce – Maintenance – Consent order – “Settlement” within Settled Land Act – Husband to secure house jointly held to wife “for her life occupation” – Supreme Court of Judicature (Consolidation) Act, 1925 (c 49), s...
Citation pending | 1947-06-03
A salvor is under a duty to use reasonable skill and care, the breach of which entails liability. A salvage company professing to render salvage services is also under a duty to provide suitable equipment to such an...
Citation pending | 1947-05-12
The first point of counsel for the a ppellant was that the surcharge is wholly misconceived as a district auditor has no power to surcharge a nyone other than members, officers and servants of the authority whose a...
Citation pending | 1947-04-25
An information was preferred by the respondent, a police officer, before a metropolitan magistrate, charging the a ppellant, a tramway car conductor, with unlawfully endangering the safety of a passenger through...
Citation pending | 1947-04-16
It is interesting to compare the present case (which is a civil matter to which the Evidence Act, 1938, a pplies) and the decision in Pettit v Lilley ([1946] 1 AllER 593; 110 JP 218), which was a criminal case, and so...
Citation pending | 1947-03-21
A, the chairman of a company, and his wife, who was not a director of the company, lent money to the company at various times from 1924 when it was in financial difficulties, and in 1930, to induce it to carry on...
Citation pending | 1947-03-18
Citation pending | 1947-03-04
Held – The phrase “gives a receipt” in s 103 of the Stamp Act, 1891, must bear its ordinary prima facie meaning — viz, that the receipt is given in such a way that it can be retained by the recipient and will be a...
Citation pending | 1947-02-28
Action by licensees of a cinematograph theatre for a declaration that a condition a ttached to a permission granted by the licensing authority for Sunday performances was ultra vires. The facts a ppear in the judgment.
Citation pending | 1947-02-17
Appeal by the husband from a decision of Hodson J, dated 5 June 1946, refusing a decree of nullity on the ground that the husband had not sufficiently proved that the non-consummation of the marriage was due to the...
Citation pending | 1946-12-20
ROMER J read the following judgment. The defendant board was brought into being by the Mynyddislwyn Urban District Council Act, 1926, s 22. Their function in general, by virtue of the Act, was, and is, to provide and...
Citation pending | 1946-11-29
The plaintiffs brought an action against 35 defendants for conspiracy and certain joint torts a lleged to have been committed in pursuance of that conspiracy. The plaintiffs came to a settlement with one of the...
Citation pending | 1946-11-01
Dominions – Legislative powers – Establishment of Supreme Court with exclusive and final a ppellate jurisdiction – Exclusion of a ppeals to Privy Council from dominion and provinces – British North America Act 1867 (c...
Citation pending | 1946-10-29
The plaintiffs, two sisters, sought possession from the defendant of a house which was subject to the Rent and Mortgage Interest Restrictions (Amendment) Act, 1933. The house had come into the ownership of the...
Citation pending | 1946-10-17
This case is of value as indicating both to judges and commissioners dealing with divorce suits and magistrates exercising the powers of courts of summary jurisdiction in matrimonial disputes the view of the President...
Citation pending | 1946-10-16
The defendant was a statutory tenant of a flat in a block of flats owned by the plaintiffs. In the original lease, which had been determined by notice to quit, the defendant had covenanted to observe certain...
Citation pending | 1946-07-30
An a greement not to sue one of several joint tortfeasors will not amount to a discharge of the others where it is not the intention of the a greement that an accord and satisfaction should emerge. The a greement in...
Citation pending | 1946-07-25
The Court of Appeal reverse the court below, holding that the interpretation of “trade” a dopted by Macnaghten J, as importing a regular business of buying and selling was too narrow. This would exclude such a...
129 | 1946-07-17
Summons by the second defendants under RSC, Ord 12, r 30, a sking that an order for service of a notice of a writ out of the jurisdiction, the writ and all subsequent proceedings be set a side on the ground that the...
Citation pending | 1946-05-29
Per cur: since a claim in tort cannot be made directly against the Crown it is customary to make it against the servant of the Crown whose fault will justify a personal action against him, in the hope, or with the...
Citation pending | 1946-05-27
Petition by the husband for divorce on the ground of his wife ’ s desertion. The report is confined to the question of the date of the presentation of a petition. The relevant facts are set out in the judgment.
Citation pending | 1946-04-08
Procedure Summons by the defendants, in a patent action, a sking that the action stand dismissed for want of prosecution on terms that the plaintiffs should be precluded from bringing any further action in respect of...
Citation pending | 1946-03-26
Held – (i) since W had begun to use the omnibus for the purpose of transport by virtue of his pass, which he had a ccepted of his own free will, he was bound by the conditions on the pass. The fact that W was not fully...
Citation pending | 1946-03-07
The Court of Appeal reverse the decision of the court below, holding that the method of calculation a dopted by the Commissioners in regard to the profits of non-resident insurance companies is not justified. The...
Citation pending | 1946-01-30
An appeal by the petitioner from the decision of Barnard J, dated 16 January 1945, and reported in [1945] 1 AllER 265, was a llowed, the court holding that the case was covered by the decision in Beard v Beard, [1945]...
Citation pending | 1946-01-30
The respondent, an Englishwoman, went through a ceremony of marriage with the a ppellant on 5 May 1939, at a London register office, the a ppellant being described in the marriage certificate as a bachelor. On 1 May...
Citation pending | 1945-12-20
It is held in this case that a former employee is liable to contribute towards a lump sum payment made by a later employer, in lieu of weekly compensation, to a workman suffering from an industrial disease. Such a lump...
Citation pending | 1945-11-26
(1) Case Stated under the Finance Act, 1920, s 27, and the Income Tax Act, 1918, s 149, by the Commissioners for the Special Purposes of the Income Tax Acts for the opinion of the King ’ s Bench Division of the High...
Citation pending | 1945-11-26
S and C, directors of the a ppellant company, retired from office in 1939. By two similar a greements, dated 3 July and 26 July 1939, respectively, the two retiring directors covenanted with the a ppellant company that...
Citation pending | 1945-11-13
Action for damages for negligence. The action was brought by a workman against his employers, sub-contractors for repairs to a ship, for breach of the common law duty owed by a master to his servant, and against the...
Citation pending | 1945-11-12
Whether I construe the language literally, or whether I appeal to authority, I am led to the same conclusion, namely, that cl 6 says what it means, and that notwithstanding the habendum, no notice can be given to...
Citation pending | 1945-11-09
The main point of interest in this appeal is the a rgument raised that a vessel is not on a warlike operation if at the moment when injury is caused she is at a nchor, and therefore not “proceeding through the water.”...
Citation pending | 1945-10-24
The respondent was the wife of a tenant living in one of a block of flats owned by the a ppellant company. A baggage room was provided for the use of tenants living in the flats. In 1942 the respondent ’ s cabin trunk...
Citation pending | 1945-10-23
Husband and Wife – Summary jurisdiction – Maintenance order – Application to discharge – Summons charging a dultery limited to particular incident – Evidence of a dulterous a ssociation for a period of two years –...
Citation pending | 1945-10-19
In 1919 the respondent purchased certain freehold farm property which he mortgaged on the same day to one Reece. The a ppellant, a solicitor, a cted in the transaction for both the respondent and the mortgagee. In Feb...
Citation pending | 1945-07-27
S and C, directors of the a ppellant company, retired from office in 1939. By two similar a greements, dated 3 July and 26 July 1939, respectively, the two retiring directors covenanted with the a ppellant company that...
Citation pending | 1945-07-24
The parties were married in 1929. In 1940 the petitioner husband, while serving a broad as a soldier, was taken prisoner. In 1943 the petitioner was repatriated and lived with his wife until Apr 1944, so far as his a...
Citation pending | 1945-07-10
On 11 December 1919, the plaintiff purchased certain freehold farm property situated at Oswestry in Shropshire. By a deed, dated the same day, he mortgaged the property to one Reece to secure the repayment with...
Citation pending | 1945-07-05
The petitioner, an Englishwoman, went through a ceremony of marriage with the respondent on 5 May 1939, at a London register office, the respondent being described in the marriage certificate as a bachelor. On 1 May...
Citation pending | 1945-07-03
The a ppellant had been engaged by the respondents as an engineer in their factory and, in consequence of his employment, he went, in November 1941, into occupation of a house, belonging to the respondents, at a rent...
Citation pending | 1945-06-24
The first question here decided, a ffirming the Court of Appeal, is whether the haulage by a nimal power of a broken tram up the main haulage road of a mine was a breach of the Coal Mines Act 1911, s 47, which requires...
Citation pending | 1945-06-12
Public Health – Housing – Insanitary house – House let as two separate tenements – Two parts of house rated by local authority as separate dwellings – Statutory notice to carry out repairs – Failure to comply with...
Citation pending | 1945-06-12
It is not disputed that, if that condition a pplied, apart from the point taken about statutory duty the plaintiff would be out of court. I do not think there can be any possible doubt that that condition does apply. I...
C 7169 in respect of the royalty for this period | 1945-06-07
Action by the licensors claiming (i) a declaration that they are entitled to see certain books and other documents of the licensees, (ii) an order for inspection and (iii) an account of all sums due to them by the...
Citation pending | 1945-05-17
Held – (i) the commissioners were entitled to make an a pportionment under the Finance Act, 1939, s 15, against a person of whom it could be predicated at any time in the fiscal year that he was “a ble to secure that...
Citation pending | 1945-05-17
Petition by the husband for divorce on the ground of desertion, the wife respondent in her a mended answer denying desertion and pleading desertion on the part of the petitioner and in the cross-prayer a sking for a...
Citation pending | 1945-05-17
A ship requisitioned by the Government under the conditions of the charterparty T99A was insured by the respondents against the consequences of hostilities by or against the King ’ s enemies. On 19 October 1940, she...
of staff. | 1945-05-16
Each of the seven brewery companies were the owners of a number of on-licensed houses in the Merseyside are a. In many of these houses the licence was held by a manager who was employed by the brewery company in...