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Case Law
3174 cases across 17 courts
3174 cases
Citation pending | 1938-06-02
SIR WILFRID GREENE MR. This is an appeal by the inspector of taxes against a decision of Lawrence J, a ffirming a decision of the general commissioners for the city of London, who had a llowed an appeal by the...
Citation pending | 1938-05-27
Held – the question was an issue of fact, to be decided a ccording to the particular circumstances, the duty of the court being to determine what the words meant in the vernacular of mining men, commercial men and...
That is what happened. | 1938-05-16
Apart from the special interest of this case as referring to a new method of a dvertising, it is of considerable importance upon the question of damages for breach of contract. An attempt was made to restrict the...
Citation pending | 1938-05-09
In this case there is a conflict between two grounds of public policy. The first is the duty of the court to enforce contracts and the other that no man or his estate is a llowed to benefit by his own crime, or, as it...
Citation pending | 1938-05-05
The Finance Act 1927, s 45(5), provides for the cessation of a source of income taxable under Sched E in the course of the year of a ssessment. Sub-s (6) provides for the death of the person a ssessed. It was contended...
Citation pending | 1938-05-05
The Court of Appeal have here upheld the decision in the court below, but have taken the view that that decision ought not to have been based upon the dictum in the well-known judgment of Brett MR, in Heaven v Pender....
Citation pending | 1938-03-17
The plaintiff bank, a Spanish company domiciled at Bilbao, had a London branch which was managed by the defendants. On 6 October 1936, the Basque country was constituted an autonomous region, and on 23 December 1936,...
Citation pending | 1938-03-09
A husband was from 1934 to 1936 constantly a ttempting to bribe his wife to bring divorce proceedings. About the end of 1936 he offered to pay the costs of initiating such proceedings if his wife would bring them....
Citation pending | 1938-03-07
Citation pending | 1938-03-04
Infant – Custody – Proceedings instituted in court of summary jurisdiction – Whether proceedings can be removed into High Court – Guardianship of Infants Act 1886 (c 27), ss 5, 9, 10 – Guardianship of Infants Act 1925...
Citation pending | 1938-02-18
The Court of Appeal have taken a different view of the construction of the grant in this case from that taken by Farwell J. The matter, though only one of construction, is one of some importance to local authorities,...
Citation pending | 1938-01-26
A post office employee was injured in an a ccident a lleged to have been caused by the negligence of the defendants. He was paid compensation by the Postmaster-General at the rate of £1 8s 8d a week. On 7 January 1937,...
Citation pending | 1937-12-22
The House of Lords have here considered, not only the position of salvage a greements made by the Admiralty, but also the general question whether an a greement containing terms inconsistent with the principle of “no...
XI | 1937-12-15
In this case the Court of Appeal have followed the decision of the House of Lords in Foulsham v Pickles. The question a rising in such a case is: What is the source of the income? In the case of an employment this is...
Citation pending | 1937-12-09
An appeal from the judgment of Lawrence J, reported [1937] 2 AllER 663, was dismissed, without the respondents being called upon.
1 and Work No. 12 authorised by this Act pay to the county council on or as soon as reasonably practicable after the a ppointed day all sums reasonably expended by that council for such purposes together with interest at the rate of 3 | 1937-12-07
That would seem to lead at once to this, that s 41 contemplates that, a lthough, apart from what is said in this section, any such a ctivities on the part of the county council would be ultra vires, the county council...
Citation pending | 1937-12-03
HON HENN COLLINS KC, COMMISSIONER. I fully realise the importance of this case, but I do not feel that I shall form a better judgment upon it by thinking it over, because I have the authorities very clearly in my mind...
Citation pending | 1937-11-18
In this case the plaintiffs were a nxious to secure the removal of an old retaining-wall supporting a highway before extending their factory on land immediately beneath it. It would no doubt be a rash proceeding to...
34 and piped thence to Claveys Farm in the first instance and so on to Little Green with sundry intermediate branches. | 1937-11-01
Where works are undertaken for a public purpose, the courts are slow to interfere by way of injunction with public bodies not working for a profit. It is necessary, however, for public authorities to show that any...
Citation pending | 1937-10-29
LAWRENCE J. This an appeal from a decision of the Board of Referees restoring a direction of the special commissioners that, for the purposes of the a ssessment of sur-tax, the actual income of the a ppellant company...
10 and Special Scotch whisky they will purchase all their requirements of bulk Scotch whisky from B. Davis | 1937-10-21
There is a very common practice of a ppointing sole a gents for special a reas, and such a ppointments generally contain a term under which the agent has to “push” the sale of the subject of the a gency. The present...
Citation pending | 1937-10-18
the a ssessment should be reduced a ccordingly. It was contended on behalf of the a ppellant, inter a lia that: (a) the a ssessment did not involve double taxation, in that the respondent and the company were...
Citation pending | 1937-07-30
Appeal by way of case stated from a decision of the Commissioners for the Special Purposes of the Income Tax Acts dismissing an appeal against an a dditional a ssessment to sur-tax in the sum of £19,425 for the year...
Citation pending | 1937-07-22
SIR WILFRID GREENE MR. This is an appeal by the plaintiff in the action from a judgment of Simonds J, delivered upon the hearing of a motion, which, by a greement between the parties, was treated as the trial of the...
42631S. | 1937-07-19
The Court of Appeal, drawing a distinction between a notice of intention to claim and a notice of claim, thought the document in the present case was not a sufficiently definite claim. Their Lordships have decided that...
Citation pending | 1937-07-19
Appeal by the plaintiff from a decision of Greaves-Lord J dated 18 February 1937, dismissing an action for damages for personal injuries received when the plaintiff was knocked down by the defendant ’ s motor car as he...
Citation pending | 1937-07-16
At one time the courts were inclined to place particular stress upon the a cts of parties at the time of the separation in deciding the rights of the wife as to maintenance. This was based upon the legal definition of...
Citation pending | 1937-07-09
This case upon the withdrawal of land given for use as an open space from public use by the erection of buildings thereon proceeded in the court below upon the a ssumption that the matter was governed by the Public...
Citation pending | 1937-06-28
Under an a greement, whereby a company sold all its a ssets to the a ppellant company, it was a greed that, in the event of the liquidation of the a ppellant company, the a ppellant company would sell and the vendor...
Citation pending | 1937-06-15
Public Health – Housing – Clearance order – Confirmation by Minister of Health – Objection that no evidence upon which Minister could confirm – Appeal to High Court – Grounds for appeal – Housing Act 1930 (c 39), s...
Citation pending | 1937-06-10
The practice has varied in different counties upon the matter here in question, ie, the right to vote upon committees of the county council of members elected for a borough or district which is the local authority...
Citation pending | 1937-05-28
The Court of Appeal here considers in detail how far modern rebuilding operations amount to a nuisance. It is necessary to establish first that such operations having regard to modern conditions and knowledge, have not...
Citation pending | 1937-05-27
A testator by his will bequeathed an a nnuity of £10,000 to his wife, clear of all death duties and income tax, and directed that his trustees should be at liberty, if they thought fit, to set apart out of the...
Citation pending | 1937-05-11
The judgment in this case includes a critical a nalysis of the judgment in London County Freehold and Leasehold Properties Ltd v Berkeley Property & Investment Co Ltd. That case was understood to have decided as a...
Citation pending | 1937-05-11
Appeal by way of case stated from a decision of the Commissioners for the General Purposes of the Income Tax Acts for the division of St Giles-in-the-Field and St George Bloomsbury in the County of London a llowing an...
Citation pending | 1937-05-11
Held – (i) it was the duty of the court to treat the a cts of the de facto government with all the respect due to the a cts of a duly recognised foreign sovereign state, and this was not a ffected by the fact that the...
Citation pending | 1937-05-06
Appeal by the defendants, car park proprietors, from a judgment given by His Honour Judge Beazley in Southend County Court on 13 January 1937, and reported in 1937, 4 LJNCCR 78. The facts and questions of law are...
Citation pending | 1937-04-22
Appeal from an order of the Court of Criminal Appeal dismissing an appeal by the present a ppellant against a conviction of manslaughter at Leeds Assizes. The facts are set out in the judgment. The words of the...
Citation pending | 1937-04-15
The case made against this sign was that the statute read as a whole required that only policemen in uniform should be empowered to stop motor vehicles, but the court refused to take this view of the statute.
Citation pending | 1937-04-08
Appeal by way of case stated from a decision of the commissioners for the Special Purposes of the Income Tax Acts dismissing an appeal against two a ssessments to income tax for the years ending 5 April 1935 and 1936,...
Citation pending | 1937-03-24
The Finance Act 1927, s 45(5) provides for the cessation of a source of income taxable under Sched E in the course of the year of a ssessment. Sub-s (6) provides for the death of the person a ssessed. It was contended...
Citation pending | 1937-03-24
This case considers the a pplication of well known principles of insurance law to insurance against a ccidents in the course of the demolition of a building. As an authority the judgment is not so conclusive as it might
Citation pending | 1937-03-23
The judgments of Romer LJ and Scott LJ in this case a rrive at the same result by rather different lines of reasoning. Lord Wright MR, while a greeing with Scott LJ, expressly says that he does not dissent from the...
Citation pending | 1937-03-22
In this case there is a conflict between two grounds of public policy. The first is the duty of the court to enforce contracts and the other that no man or his estate is a llowed to benefit by his own crime, or, as it...
Citation pending | 1937-03-19
mittee … to assist [the chief clerk] in paying or contributing to his costs in defending the action.” Shortly before the trial of the action, upon the a dvice of counsel, and after consulting the town clerk, a...
Citation pending | 1937-02-15
This appeal proceeds upon the question whether the plaintiff was barred by his own false pretences from recovering the money paid. It is a well recognised principle that if the plaintiff in order to prove his case must...
10.6.1921 | 1936-12-18
As to Representation Orders, see Halsbury (1st Edn), Vol 23, Practice, pp 103, 104, para 182; and for Cases, see Digest, Practice, pp 420, 421, Nos 1165 – 1171. See also Yearly Supreme Court Practice 1937, pp 207 – 211.
Citation pending | 1936-12-18
In an action for slander against a husband and wife, it was a lleged that the wife had on several occasions made separate and distinct imputations on the plaintiff ’ s chastity, and further that the wife had a cted as...
Citation pending | 1936-12-17
Held [Greer LJ dissenting] – (i) the courts have no jurisdiction to consider claims for salvage services which are outside the Merchant Shipping Act 1894, s 557, and the Admiralty were, therefore, not entitled to...
Citation pending | 1936-12-01
The respondent company was the holder of a debenture bond for £100 and the coupons still outstanding under it, issued by the a ppellant council as part of the Auckland City Tramway Loan. The coupon contained the...