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Case Law
3174 cases across 17 courts
3174 cases
Citation pending | 1945-05-16
The plaintiffs claimed an injunction and other relief for a lleged infringement by the defendants of the plaintiffs ’ registered trade mark, consisting of the word “Bentley.” In their defence the defendants, in a...
Citation pending | 1945-04-19
Estate and other Death Duties – Cesser of a nnuity – Annuity bequeathed by will – Substitution of smaller a nnuity secured by deed of compromise – Whether “granted for full consideration in money ’ s worth” – Finance...
Citation pending | 1945-04-17
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 April 1944, so far as his a...
Citation pending | 1945-03-12
Practice – Judgments and orders – Form of judgment – Defendants joined on different causes of action in respect of some subject matter – Supreme Court of Judicature (Consolidation) Act, 1925 (c 49), s 41 – Rules of the...
Citation pending | 1945-03-05
The a ppellant company sought the confirmation of the court to an a lteration of the company ’ s memorandum of a ssociation with respect to its objects. The company which was limited by shares and had been incorporated...
Citation pending | 1945-01-29
Appeal by the Crown from a decision of the Commissioners for the General Purposes of Income Tax for the division of Nottingham, a llowing an appeal of the company against a ssessments made on them under the Income Tax...
Citation pending | 1945-01-24
The a ppellant laundry company lost certain a rticles received by it from the respondent for laundering. The terms upon which the company a ccepted its customer ’ s goods included a clause in the following terms: “The...
Citation pending | 1945-01-16
Reluctantly I find myself unable to agree with the decision of Pilcher J It seems to me that it would of necessity follow from this decision that a husband who committed a dultery, was forgiven by his wife, and then...
[1966] GLR 299 | 1944-12-31
This is an appeal from the judgment of Akainyah J. (as he then was) delivered on 10 December 1962, in favour of the plaintiff -respondent (hereinafter referred to as plaintiff). The plaintiff’s claim against the...
Citation pending | 1944-12-08
The respondents who had carried on business since 1929, were the owners of an undisclosed process for effecting invisible repairs to ladies ’ stockings, and this process they had called the “Rysta” process On 10...
It was not the entry of people into the shelter and the way they got in that prompted me to suggest that we should have police a ssistance. | 1944-12-08
The Court of Appeal here uphold the court below on all points on which the appeal is based. Two matters call for reference in this note. It is held that the local authority failed in their duty to the respondent and...
Citation pending | 1944-10-25
Held – the Summary Jurisdiction Act 1879, s 44, was confined to cases where property was taken from a person who was at the time charged with some offence or other before a court of summary jurisdiction. Therefore, the...
Citation pending | 1944-10-13
Practice – Writ – Extension of time for service – Action under Fatal Accidents Act 1846 – Writ issued within the 12 months limited by the Act – Not served within 12 months of date of issue – Discretion of court to...
Citation pending | 1944-07-27
A settlor transferred to trustees two a ssurance policies on his own life and certain shares. The trustees were to use the income of the shares and any a ccumulation thereof to pay the premiums on the policies and to...
Citation pending | 1944-07-24
The fact that interest is payable upon the sum secured by the dividend note tends to give the sum payable under the note a capital flavour, but this question has to be decided on all the facts. Taking all the facts...
Citation pending | 1944-07-18
It is part of the duty of public authorities to deal from time to time with crowds and this at a time when it can quite reasonably be expected that such crowds will be desirous of proceeding to some particular place...
Citation pending | 1944-07-18
County Courts – Jurisdiction – Cause of action a rising wholly or in part in the district – Parcel posted in London – Not registered – Parcel lost – Jurisdiction of court at Bakewell – County Court Rules 1936, Ord 2, r...
61 of the House | 1944-07-13
The a ppellant was a judgment debtor to the Crown in respect of a rrears of purchase tax, and was a rrested under a writ of capias ad satisfaciendum. The question for the determination of the court was whether the...
Citation pending | 1944-07-05
An infant employee in a factory was injured while operating a horizontal milling machine. An a greement under the Workmen ’ s Compensation Acts 1925 – 1934, was entered into by the employers and the infant employee...
Citation pending | 1944-05-26
The plaintiff was driving for pleasure purposes a car in which A and N were passengers when the car was involved in an a ccident, as a result of which N was injured and A died. The car belonged to A, and the plaintiff...
Citation pending | 1944-05-22
The House has here made a distinction between the case where ordinary commercial credit is given and that where a debt is a llowed to be paid by instalments extending over a number of years the debt, as far as it is...
1 | 1944-05-18
Privy Council – Palestine – Criminal law – Discretion of prosecuting counsel to call witnesses named on indictment or information – Constitution of Court of Criminal Assize – Order made by the High Commissioner – Ultra...
Citation pending | 1944-05-18
The “marking” of cheques is not often resorted to in countries governed by English law, and its consideration by the court seems to have been limited by the consideration of marking in connection with clearances. The...
Citation pending | 1944-05-17
The respondent company was incorporated on 25 February 1937, as a limited company under the name of Stockwell Brewery Ltd. On the same day the respondent company entered into an a greement with H company, which was...
Citation pending | 1944-05-11
Special case stated by consent for the opinion of the court on an information by His Majesty ’ s Attorney-General under the Income Tax Act 1918, s 221, against the executors of John Roberts Lillicrap, who died on 12...
Citation pending | 1944-05-09
MACNAGHTEN J. This is an appeal against a dditional a ssessments to sur-tax. In June 1934, the a ppellant was minded to settle a sum of £500 upon each of his three daughters, Audrey, Brenda and Joyce. Accordingly, by...
Citation pending | 1944-04-04
Divorce – Separate income of guilty wife – Settlement for benefit of child of marriage during minority – Child in custody and care of father – Supreme Court of Judicature (Consolidation) Act 1925 (c 49), s 191.
Citation pending | 1944-04-03
Appeal by the taxpayer from a decision of the Special Commissioners confirming a ssessments to income tax made on the a ppellant company. The facts are fully set out in the judgment.
Citation pending | 1944-03-17
The matter of general importance here is the question whether the doctrine of common employment a pplies to men subject to the Essential Work Order and on this matter the Court of Appeal are unanimous. It was a rgued...
Citation pending | 1944-03-15
The question raised by this appeal is one of considerable difficulty, the more so as the careful judgment of Morton J presents what at first sight a ppear to be convincing reasons for a decision in favour of the...
Citation pending | 1944-02-22
Motion for Judgment by the Attorney-General a sking for a declaration that an a ppointment to the office of clerk to the respondent council was invalid under the Local Government Act 1933, s 122. The facts are fully...
Citation pending | 1944-01-11
Appeal of F W Surridge under the Local Government Act 1933, s 229, and in the matter of An Application by Sir Ernest A Mills and others for a declaration and relief in respect of the said surcharges
Citation pending | 1943-12-08
The contentions here are that the a ppellant was carrying on a profession or vocation or was a ssessable under Sched E. The first contention would bring the matter within Sched D, case II, and in either case the a...
Citation pending | 1943-11-22
Held – the obedience of the master of a ship to the lawful orders of a superior authority without the opportunity of exercising judgment or discretion does not amount to a general a verage act within the meaning of the...
Citation pending | 1943-11-11
Without finally deciding the point, it is here suggested that an a ccident of this type is not within the Personal Injuries (Emergency Provisions) Act 1939. The common law remedy is refused because the children were...
Citation pending | 1943-11-03
Appeal by the defendants by way of case stated from a decision of the Hampstead Petty Sessional Court, dated 19 October 1942, holding that the defendants were in rateable occupation of certain premises. The facts are...
Citation pending | 1943-11-01
Estate and other Death Duties – Cesser of a nnuity – Annuity bequeathed by will – Substitution of smaller a nnuity secured by deed of compromise – Whether “granted for full consideration in money ’ s worth” – Finance...
Citation pending | 1943-09-29
Appeal by the plaintiff from a decision of the Presiding Judge of the Liverpool Court of Passage, dated 17 March 1943. The plaintiff was employed by the respondents, and at the material time was engaged in unloading a...
Citation pending | 1943-08-05
In the lower courts the discussion in this case was confined to the proper construction to be placed upon the South Shields Corporation Act 1935 ss 112 – 116. Upon this part of the case the House has a dopted the...
Citation pending | 1943-07-30
Generally speaking a sales tax is a form of indirect taxation. In this case the tax was so imposed that it fell directly upon the consumer of the a rticle sold and could not be passed on by him to any other person. In...
Citation pending | 1943-07-15
as a locum tenens and the first meeting took place at Preston and the second at Manchester. On both occasions sexual intercourse took place, but the parties did not spend the night together. On two subsequent occasions...
Citation pending | 1943-07-08
Held – (i) the action, though continued by the leave of the winding-up court, never became a proceeding in the winding up and the interference with it by the provincial legislature was not an intrusion into the field...
Citation pending | 1943-06-10
A settlor transferred to trustees two a ssurance policies on his own life and certain shares. The trustees were to use the income of the shares and any a ccumulation thereof to pay the premiums on the policies and to...
Citation pending | 1943-06-09
The taxpayer here a rgued that he could not be made subject to “company sur-tax” unless he was a member at the end of the tax year, basing his contention solely on the construction of the Acts. This contention is...
Citation pending | 1943-04-20
It was a ttempted to bring this case within the decision in Harrison v Cronk & Sons Ltd, but that case has been distinguished on its facts In Cronk ’ s case, the builder had deposited sums with the building society...
Citation pending | 1943-02-05
It is settled that the liability for nuisance rests upon the occupier of property. The question here is whether the corporation were in law occupiers. It was held by Stable J that the use of the stream for drainage...
Citation pending | 1943-01-26
The a pplicant, having met with an a ccident in the course of his employment by the a ppellants, which resulted in the a mputation of his index finger, on 28 November 1941, a pplied for compensation on the grounds of...
Citation pending | 1943-01-08
Appeal by the company against an a ssessment in respect of excess profits duty for the chargeable a ccounting period from 1 April 1939, to 31 December 1939, in the sum of £3,928 12s.
423 dated Apr. 14 | 1942-12-21
Local Government – Expenditure – Purchase of undertaking of omnibus company – Payment for goodwill – Ultra vires – Payment out of reserve fund of local authority ’ s undertaking – Local Government Act 1933 (c 51), ss...
Citation pending | 1942-12-15
The House have a ffirmed the decision of the Court of Appeal herein upon the same grounds as those upon which that court based its judgment. The decision is of importance, since it now seems to be clear that, in...