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Case Law
3174 cases across 17 courts
3174 cases
107. | 1939-11-21
The present case, as the judgment states, is outside the line of authorities recently decided on this subject. Though governed by Palestinian law, the case may, perhaps, show that such contract may have to be construed...
Citation pending | 1939-11-16
I think it sufficiently a ppears from what I have already said that there is no evidence of any express a greement, oral or otherwise, between Fisher and the plaintiff that, in consideration of being given the bills,...
Citation pending | 1939-11-06
Emergency Legislation – Execution on judgment – Discretion of court – Principles on which discretion exercised – Existence of other debts – Courts (Emergency Powers) Act 1939 (c 67), s 1.
Citation pending | 1939-11-03
Case stated by the Minister of Health under the National Health Insurance Act 1936, s 161. The facts are fully set out in the judgment. The National Health Insurance Act 1936, Sched I, Part I, cl (e), provides as...
Citation pending | 1939-11-03
The remuneration of a person is sometimes fixed in the expectation that he will receive a certain amount of help from his wife or other member of his household. Unless there is an express provision that such help shall...
Citation pending | 1939-10-30
The effect of a clause giving the insurance company complete control over proceedings a rising out of a policy has been much discussed by those interested in these matters, but has not often been before the courts. The...
Citation pending | 1939-07-28
Motion, treated as the trial of the action, by the Attorney-General at the relation of a ratepayer of the defendant borough council for an injunction restraining the defendant council from proceeding with a scheme for...
Citation pending | 1939-07-28
This case considers fully the defence of insanity to a charge of cruelty and how far the rule in M ‘ Naghten ’ s case is a pplicable in such cases. It has been said that the remedy is the restraint of the insane party...
Citation pending | 1939-07-27
The hours of labour in mines are regulated by statute, but the matter is very complicated. A miner cannot proceed to his work straight a way as is the case with any ordinary employee. He has to go to the baths to...
Citation pending | 1939-07-27
In the courts below, the circumstances of this case were treated as within the principle of the decision in Gilbertson v Fergusson. Their Lordships have, however, decided that no question of double taxation a rises in...
Citation pending | 1939-07-17
Appeal by the plaintiffs from a judgment of Atkinson J, dated 25 January 1939, and reported [1939] 1 AllER 322. The facts are fully set out in the judgment of Sir Wilfrid Greene MR, and in the judgment of Atkinson J.
Citation pending | 1939-07-12
On 15 November 1929, the husband made a settlement on his two daughters, producing about £90 per a nnum. In 1934, an order was made in the Chancery Division of the High Court that the children should reside with and be...
Citation pending | 1939-07-06
decision under this section, that decision cannot be questioned in a court of law. The proceedings before the court are not in the nature of an appeal. They are new and independent proceedings. The court has...
Citation pending | 1939-07-06
The question here is purely one of the measure of damages. Any unusual a dvantage or loss a rising from a breach of contract is not generally a matter for damages unless notice thereof is given to the other contracting...
Citation pending | 1939-07-04
Executors – Actions against personal representatives – Judgment by default – Return of nulla bona on execution – Presumption of devastavit – Rebuttal of presumption – Order for a dministration and a ppointment of...
Citation pending | 1939-06-26
The owner of a domestic a nimal is only liable for injury caused by reason of his negligence where the injury is one which may be reasonably expected to result from that negligence. An a ttack upon a human being is not...
Citation pending | 1939-06-14
Action to recover from the defendant the sum of £112 4s 3d as a reasonable price for work and labour done and materials supplied, or, a lternatively, the same sum as damages for breach of contract. The facts are fully...
8 neither the company | 1939-05-25
The decision in this case in the court below was based mainly on the fact that, upon their proper construction, the material clauses of the contract of carriage only referred to the risks of the passage. The Court of...
Citation pending | 1939-05-25
This case turns upon the construction of the Finance Act 1926, s 33, and the a rgument for the taxpayer is founded upon certain incidental remarks in the course of the judgment in the Court of Appeal in United Steel...
Citation pending | 1939-05-25
Case stated under the Finance Act 1922, Sched I, 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 Court...
Citation pending | 1939-05-24
The plaintiff entered the employ of a cinema company, one of a group of companies, in 1934. In December 1936, upon a reconstruction, he became the servant of the defendant company, but in fact continued, save for the...
Citation pending | 1939-05-18
The husband of the a pplicant was a night watchman employed by the respondents. On 26 June 1938, he was found dead in a cabin provided for his use, his death being due to gas poisoning. There were two gas points in the...
Citation pending | 1939-05-16
The question here is purely one of construction, but the decision is of importance, owing to the fact that it is necessary for a railway company to secure an ample supply of water at many points a long its line, and in...
Citation pending | 1939-05-15
Privy Council – West Africa – Practice – Appeal from high native tribunal – Leave to appeal – Jurisdiction of Court of Appeal to hear appeal a lthough leave to appeal not given – Native Administration Ordinance 1927...
Citation pending | 1939-05-09
The judgments herein discuss at length the duty of a professional man called upon to give professional a dvice. The particular profession in this case is that of estate a gency, but in a general way the same principles...
Citation pending | 1939-05-01
The plaintiff was employed at the C Laundry, which was situated in a somewhat isolated spot about a mile from the main Manchester to Bury road, making it necessary for the owners of the laundry to grant their employees...
Citation pending | 1939-04-21
Adjourned Summons a sking whether, upon a re-issue of debentures, the company might insert in the debenture a different date for redemption. The facts are fully set out in the judgment.
Citation pending | 1939-04-05
Upon this petition, presented on 26 April 1938, it a ppeared that the parties were married in 1901 and that the wife deserted the husband in 1905. In December 1936, the wife was certified as insane. There was medical...
Citation pending | 1939-03-29
‘ It was contended for the respondent (i) that the question of unemployment benefit had nothing to do with the refusal of the respondent to descend the mine to work; (ii) that the respondent was ready and willing to...
Citation pending | 1939-03-27
The real issue in the present a pplication is whether there was a common question of law or fact in the action. It was a rgued here that the bank was concerned with the relationship of creditor and debtor between it...
Citation pending | 1939-03-16
The Court of Appeal have distinguished this case from that of Emery (John) & Sons v Inland Revenue Comrs in that in that case the land had been completely parted with and a rentcharge taken in its place. In the present...
Citation pending | 1939-02-13
The plaintiff brought an action to recover £4,335 a lleged to have been due as the result of a football pool. The competition was subject to the usual rule, described as a basic condition, that the transaction should...
Citation pending | 1939-02-08
This case is very similar in its facts to Re Newhill Compulsory Purchase Order 1937, Application of Payne, but the judgment herein lays more emphasis on the point that, unless the proceedings by way of local inquiry...
Citation pending | 1939-02-07
Application by Joseph Huntington Bainbridge for an order quashing the order confirming the South Shields (D ’ Arcy Street) Housing Confirmation Order 1938. The a pplicant complained that, if the order were proceeded...
Citation pending | 1939-02-01
Action for (a) a declaration that the defendant corporation have and at all material dates had full power and authority to agree to provide and to provide (i) the sum of 2d per week by way of a ddition to the wages of...
Citation pending | 1939-01-25
It was a rgued that it covers only damage caused by a ship not being in fact fully loaded, and damage caused by the cargo furnished being a cargo not within the contract, a ndless remunerative than cargo within the...
Citation pending | 1939-01-19
the plaintiff entered the employ of a cinema company, one off a group of companies, in 1934. In December 1936, upon a reconstruction, he became the servant of the defendant company, but in fact continued, save for the...
Citation pending | 1939-01-18
Appeal by way of case stated from a decision of the stipendiary magistrate for the city and county of Kingston-upon-Hull. The facts and the a rguments are set out in the judgment of Lord Hewart LCJ.
8 neither the company | 1938-12-20
Action for damages for loss and injury sustained by the plaintiff, as he a lleged, while he was a passenger for reward to the defendants on their steamship Arandora Star on 14 May 1937, by reason of the negligence...
Citation pending | 1938-12-19
The Court of Appeal have based their decision on the very wide words used in s 1(1) of the Act of 1934. The expression “all causes of action” is stated to be “too recalcitrant to admit of a construction which would...
Citation pending | 1938-12-14
Held – there is no quantitative scale for the guidance of judges and juries as to the a ssessment of damages in cases of this nature. The matter is essentially one for the jury, under a proper direction by the judge,...
Citation pending | 1938-11-24
The question here is purely one of construction, but the decision is of importance, owing to the fact that it is necessary for a railway company to secure an ample supply of water at many points a long its line, and in...
Citation pending | 1938-11-16
The judgment herein discusses at length the duty of a professional man called upon to give professional a dvice. The particular profession in this case is that of estate a gency, but in a general way the same...
Citation pending | 1938-11-15
Appeal by way of special case from an a ward by A T Miller KC, in an a rbitration in which A L Sturge & Co and others were claimants and the Excess Insurance Co Ltd, and others were respondents. The relevant facts are...
Citation pending | 1938-11-11
Appeal by way of special case stated under the Stamp Act 1891, against a decision of the Inland Revenue Commissioners as to the stamp duty payable upon a voluntary transfer of mortgage.
Citation pending | 1938-11-08
The decision in Emery (John) & Sons v Inland Revenue Comrs turned upon certain Scottish terms, and it might have been doubted how far the principle a pplied to the case of ground rents in England. A doubt had also a...
Citation pending | 1938-07-28
The facts of this case were before the court in another proceeding which is reported at p 226, a nte. The principal contention here is that the a greement provided for a scheme of planning more favourable than that in...
Citation pending | 1938-06-22
The law has a pplied the maxim de minimis non curat lex to the question of obstruction, and an obstruction may be so temporary or so inappreciable as not to amount to a nuisance. It has, however, been said that it is...
Citation pending | 1938-06-15
The Attorney-General further distinguished A-G v Burges, which was an information of devenerunt in a case in which goods had been landed without paying customs duties, and the information was a pparently to recover the...
Citation pending | 1938-06-02
SIR WILFRID GREENE MR. This is an appeal from the decision of Sir John Bennett, Vice-Chancellor of the County Palatine of Lancaster, which a rises out of an action brought by Mrs Margaret Jane Beattie against a company...