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Case Law
3174 cases across 17 courts
3174 cases
Citation pending | 1942-12-07
The point that is made here is that there was in fact only one act of negligence, though 10 children died and others were made ill. The negligence, upon the evidence, consisted only of one act in the preparation of the...
Citation pending | 1942-12-03
In order to a lleviate the distress of farmers and others, caused by a great drought, the Legislature of Alberta passed the Debt Adjustment Act 1937. The purpose of the Act was to relieve persons resident in the...
Citation pending | 1942-11-30
Divorce – Maintenance – Application to vary order – Wife a broad and partly provided for by friends a broad – Supreme Court of Judicature (Consolidation) Act 1925 (c 49), s 190 – Administration of Justice...
Citation pending | 1942-11-27
The a ppellant, who was an infant, borrowed certain a rticles and failed to return them on demand, having lent them to C. It was not proved in evidence that the contract a llowed the infant to part with the possession...
Citation pending | 1942-11-12
Appeal by the plaintiffs from an order of Bennett J, dated 18 March 1942. The respondents are a father and his 3 sons. The claim was for the breach of a restrictive covenant on the sale of the business of a quarry, and...
Citation pending | 1942-11-10
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 | 1942-10-06
MACNAGHTEN J. This is an appeal by way of case stated from a decision of the special commissioners, confirming an a ssessment made upon the a ppellant under the provisions of the Finance Act 1936, s 18, which contains...
Citation pending | 1942-08-06
Criminal Law – Appeal – Criminal cause or matter – Arrest as deserter from a llied forces conscripted in England – Application for writ of habeas corpus – Supreme Court of Judicature (Consolidation) Act 1925 (c 49), s...
Citation pending | 1942-07-29
and all dams and weirs placed in the bed of the stream subject to a provision for compensation to the owners of any dam or weir lawfully placed therein. From time to time flooding had occurred due to the overflowing of...
Citation pending | 1942-07-15
Over a long period a wife had constantly and increasingly nagged at her husband, sometimes up to 3 or 4 am. The court was satisfied that this conduct resulted in danger to the husband ’ s health: —
Citation pending | 1942-05-21
account must be treated separately and that, in so far as there was insufficient taxed income in the housing account, the interest payments made in respect of that account had not been paid out of taxed income, and...
Citation pending | 1942-05-15
Appeal by way of case stated by the special commissioners for the purposes of income tax for the opinion of the court of King ’ s Bench. The facts are fully set out in the judgment.
Citation pending | 1942-05-13
This extract from the judgment of Lord Merriman P, is in the nature of a practice note and in it he a gain emphasises the necessity for independent representation of parties a lleged to be of unsound mind. In the...
Citation pending | 1942-05-07
The authorities were at one time clear that a payment made to the holder of an office for the reason that he is no longer in the office or employment was not a payment a ssessable to tax as part of the emoluments of...
Citation pending | 1942-03-04
The a ppellant was summoned before a court of summary jurisdiction for using a vehicle on a public highway for the carriage of merchandise for reward contrary to the Road and Railway Transport Act (Northern Ireland)...
Citation pending | 1942-02-05
The secretary of state would be liable in action only (i) for a cts of his own a mounting to misfeasance; (ii) for a cts of his own a mounting to nonfeasance where it could be shown that the law cast upon him a...
Citation pending | 1942-01-20
The difference between capital and income has been illustrated by the difference between the tree and its fruit. There would seem to be some difficulty in a pplying this metaphor to the case of a racehorse, but the...
Citation pending | 1942-01-20
against the loss of furs by theft, but excluding theft from their motor vehicle when not individually a ttended, even whilst in a garage. By an indorsement of the policy, the respondents undertook not to repudiate...
Citation pending | 1941-11-13
The a ppellants were employees of the respondent society. The society passed a resolution that all employees a ppealing against military service on conscientious grounds should be dismissed. The a ppellants did so...
Citation pending | 1941-10-13
Case stated under 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 Court of Justice.
Citation pending | 1941-07-31
The respondent, a ship ’ ssteward, a rrived in Liverpool on 4 July 1938, from Burma. The two a ppellants were preventive Customs officers. On 5 July they detained the respondent, took him to the police court, and there...
Citation pending | 1941-07-23
The plaintiffs, registered moneylenders, lent a borrower £100 on 14 March 1939, on a joint promissory note of the borrower and a surety, the interest being 150 per cent per a nnum. On 13 June 1939, a further £200 upon...
Citation pending | 1941-07-02
Stamp: The question is whether the property passed on William Henry Benn ’ s death in consideration of a bona fide right to challenge the first settlement. Giving up the claim is no consideration at all. The second...
Citation pending | 1941-06-24
If counsel for the defendants were right on the first part of his case, it would be necessary for me to consider the difficult question which a lways a rises when an English court has to pronounce as to what the law is...
Citation pending | 1941-05-14
Husband ’ s Petition for dissolution of marriage on the ground that the wife was incurably of unsound mind and had been continuously under care and treatment for 5 years and upwards immediately preceding the...
Citation pending | 1941-05-09
Information to recover estate duty claimed upon the death of William Henry Benn (hereinafter called the deceased), who died on 21 August 1939, in respect of the property comprised in the deeds of voluntary settlement...
Citation pending | 1941-05-08
SINGLETON J (delivering the judgment of the court). The a ppellants are the occupier and the owners, respectively, of a public-house known as the India Arms Tavern, Northfleet, within the a ssessment are a of the...
Citation pending | 1941-02-24
The judgments herein consider at length a matter which has been before the court before, and was, in effect, decided in Charlesworth v Holt as long ago as 1873. That case was a pproved in the Court of Appeal on two...
Citation pending | 1941-01-20
Interlocutory Appeal by the defendants from an order of Wrottesley J, dated 3 December 1940, permitting an a mendment to the statement of claim in the action, which a mendment had been refused by Master Jelf on 15...
Citation pending | 1940-12-19
As to Stay of Proceedings, see Halsbury (Hailsham Edn), Vol 26, pp 69 – 71, paras 113 – 115; and for Cases, see Digest, Practice, pp 975 – 985, Nos 5091 – 5142. See also Yearly Practice of the Supreme Court, pp 599 –...
Citation pending | 1940-12-16
Appeal by the defendant from a judgment of the Court of Appeal (Slesser, MacKinnon and Goddard LJJ), dated 4 December 1939, and reported [1940] 1 AllER 275, reducing to £350 a sum of £1,200 damages a warded for loss of...
Citation pending | 1940-10-07
LAWRENCE J. The question in this appeal is whether certain transfers of shares from the a ppellant company to its shareholders in other companies, made in pursuance of a resolution declaring a capital bonus of the a...
Citation pending | 1940-09-20
The defendant company collected the rents of certain properties as a gents of the plaintiffs. There were two directors of the company, J and H, and, on account of the latter ’ s participation in civil defence services,...
Citation pending | 1940-08-08
The owners of a block of flats let them to tenants at rents including payment for services and a menities provided by them and also for the use by the tenants of common parts of the building which the owners...
Citation pending | 1940-07-09
Where there is a covenant to pay principal and interest on a stated date, there is no implied covenant to pay interest at the same rate after that date. Such interest, therefore, cannot be recovered, though the court...
Citation pending | 1940-07-05
The hereditament occupied by the respondents in the are a of the a ppellants, consisting of pilot wires of an electricity substation or transformer station and certain transmission towers and lines, was a ssessed in...
Citation pending | 1940-06-24
‘ Their Lordships think that the principle of the decision is summed up in the words of Lord Atkin [p. 599]: “A manufacturer of products, which he sells in such a form as to show that he intends them to reach the...
Citation pending | 1940-05-10
By the joint effect of a settlement and a confirmatory deed executed in 1921, certain trust funds were settled upon trust to pay the income to the first defendant during her life until, inter a lia, some event “whereby...
Citation pending | 1940-05-06
Settlements – Words of limitation absent – Succeeding clause with gift over and resulting trust to settlor – Rectification – No evidence extraneous to settlement a vailable – Power of court to rectify.
Citation pending | 1940-05-01
Divorce – Intervention after decree nisi – Discretion of court – Petitioner living in a dultery prior to presentation of petition – No rule of universal a pplication requiring petitioner to separate from illicit...
Citation pending | 1940-04-02
The hereditament occupied by the respondents in the are a of the a ppellants, consisting of pilot wires of an electricity substation or transformer station and certain transmission towers and lines, was a ssessed in...
Citation pending | 1940-03-13
Appeal by the Crown from an order of the Court of appeal (Sir Wilfrid Greene MR, Finlay and Luxmoore LJJ), dated 23 January 1939, and reported [1939] 1 AllER 236, reversing an order of Lawrence J, dated 8 July 1938,...
Citation pending | 1940-03-11
of commercial utility, the loss of hire of the machine is a matter to be taken into account. It was held in the court below that the proper measure of damages was the amount the plaintiffs would have made by the use of...
Citation pending | 1940-02-23
The decision in this case must be compared with that in Re Payne, Poplett v A-G. The matter which has to be determined in each case is what, upon its proper construction, passes under the deed of gift. Increments to a...
Citation pending | 1940-02-08
It has been increasingly common in cases where a tenant is restricted in his own use of premises for him to require from his landlord a covenant that the latter will not let a djoining premises without such a...
Citation pending | 1939-12-19
behalf of the defendants, it was contended, inter a lia, that, as the plaintiffs had failed to deposit a map or plan of the water mains in question with the local rural district council as required by statute, they...
Citation pending | 1939-12-19
An information was laid against the defendant claiming a rrears of income tax. Judgment having been signed, the defendant contended that the Crown could not proceed to execution without the leave of the court under the...
Citation pending | 1939-12-13
Nothing here turns on the provisions of the Wimbledon provisional orders. The defendants ’ powers of charging for a supply of electrical energy are governed by the Electricity Supply Acts. In other words, they may...
Citation pending | 1939-12-11
The Court of Appeal have a greed with Humphreys J on the point that the respondents were negligent in leaving the pony so long unattended. They have, however, reversed his decision on the question of liability. Where...
Citation pending | 1939-12-01
Appeal by the defendant company from the verdict of a common jury and the judgment given by Macnaghten J, dated 21 July 1939. The action was a claim against the defendants for damages for injury caused by the...