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Case Law
4493 cases across 17 courts
4493 cases
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The two respondents were joint licensees of licensed premises under a justices ’ on-licence to cover all intoxicating liquor which they held on behalf of a company which owned the premises. The first respondent was the...
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Estate Duty – Determination of life interest – Annuity given by will – Agreement by a nnuitant to release of residuary estate and substitution of covenanted a nnuity as security – Finance Act, 1940 (c 29), s 43(1).
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Landlord and tenant – Lease – Rent review clause – Rent payable on review to be fixed by a greement between the parties – Rent not to be less than original rent payable under lease – No a rbitration clause or other...
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Action for a declaration that the plaintiff was entitled to a mortgage debt of £2,000 and interest thereon and all securities therefor and for delivery up of the mortgage deed by the defendant Mrs Gregory. The facts...
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concurrently, and to a fine of £2,000 on each count. The Divisional Court now held that he had been rightly convicted on the first count, but that the offence of evading purchase tax on imported goods was included in...
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At the hearing, the wife gave evidence as to her a llegations of cruelty and as to the husband ’ s a llegation of a dultery. No other witness was called for the wife. The husband then gave evidence and called witnesses...
But it is contended that even so
The marriage of the mother and the father broke down and in April 1973 they separated. The children of the marriage remained in the care of the mother. In July 1973 the father requested the local authority to take two...
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“The directors … are willing that we should pay you a retaining fee of the amount you mentioned, that is £10 per week, on the following conditions: (i) That it should be in the first place for twelve months only,...
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Baron Denning, Sir Desmond Heap, George Pownall Atkinson and Theodore Burton Fox Ruoff, the plaintiff, George Bernard Bates, suing on behalf of himself and all other solicitors save the fourth, fifth and sixth named...
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By an originating summons dated 26 July 1972 the plaintiffs, Ronald Batchelor, Joseph Victor Vobe and David John Barnes, the trustees of a voluntary settlement made by George William Deeley dated 18 April 1962, sought...
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Court of Appeal – Damages – Assessment by judge a lone – Test for intervention by a ppellate court – Disparity with a ssessment in similar case by another Division of Court of Appeal.
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Held – The renewal option contained in cl 9 of the lease was to be interpreted a ccording to the well-established principles relating to the interpretation of a condition precedent to the exercise by a tenant of an...
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SB was the proprietor of a United Kingdom patent. It commenced proceedings against G for infringement of the patent. G denied infringement and a lleged that the patent was invalid. Around the same time, B commenced...
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In August 1979 the defendant and the deceased, who were living together as man and wife, purchased a farmhouse in their joint names with the intention of running it as a guest house. The defendant provided £900 towards...
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In Buchler v Buchler this court a pproved what Bucknill J had said in Boyd v Boyd, and, if further authority be needed, it is found in the judgment of Denning LJ in Hosegood v Hosegood, a judgment to which Bucknill LJ...
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Legitimation – Practice – Hearing of petition in camera – Power of court to order hearing in camera – Discretion – Exercise of discretion – Factors to be considered – Domestic and Appellate Proceedings (Restriction of...
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Estate agent – Deposit – Deposit prior to contract – Loss of deposit – Liability of vendor for agent ’ s default – Personal liability of agent – Judgment obtained against agent – Estate agent receiving deposit from...
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By his will the owners of an estate of 500 a cres comprising a mansion house, its gardens and a gricultural land, devised a life interest in the mansion and gardens to his widow, and devised the remainder of the estate...
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with the mortgage deed, and these documents of title were never removed from his custody. R died in February, 1941, and in the following year his will was proved by the defendant and others, executors thereby a...
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This was an action by the plaintiff, Juan Baron, an electrician, against the first defendants, his employers, B French Ltd, a firm of electrical engineers, and the second defendants, John Laing Ltd, building...
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Under the terms of a will the testator ’ s son was given a power of a ppointment in respect of a portion of the testator ’ s residuary estate. The power of a ppointment was limited to ‘ all or such one or more...
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Between February 2000 and July 2004 the claimant brought three a ctions against the defendant a lleging dishonest conduct in the course of a business relationship between itself and the defendant ’ s company. The...
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This was action for negligence brought by the widow and a dministratrix of William Patrick Barnett against the Chelsea and Kensington Hospital Management Committee. The facts are set out in the judgment.
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The specified class defined in cl 5 of the settlement is one which, it is a dmitted, is not a scertainable at any given time, because it is a fluctuating body. Any one of the six directors of Gestetner Ltd for...
40. The defendants were not committed to pursuing the course of dismissing Mr Barnetson until notice was given on 20 December 2005. At any point until then it was open to the defendants to reconsider the position and stand by the terms of the contract. Until notice of termination was given
In March 2005 D, the chairman of the first defendant group of companies (the company), orally offered the claimant a senior post. The claimant understood from the discussion, inter a lia, that he would be entitled to...
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Libel and slander – Statement in open court – Settlement of plaintiff ’ s action against one of two defendants – Plaintiff continuing action against other defendant – Factors to be considered by court in deciding...
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The plaintiffs were registered dock workers employed by a firm of master lightermen. The National Dock Labour Board was set up under the Dock Workers (Regulation of Employment) Order, 1947, to a dminister the scheme...
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On the dissolution of their marriage a husband was ordered to secure to the wife for her life until further order the a nnual sum of £300 less tax by “a general charge on all of [the husband ’ s] a ssets” with a...
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Section 5 of the Debtors Act, 1869, provides: “Subject to the provisions hereinafter mentioned, and to the prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the...
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Practice – Dismissal of action for want of prosecution – Inordinate delay without excuse – Dismissal before expiry of limitation period – Question whether limitation period had expired open to serious a rgument –...
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Held – Where a bank, as mortgagee of a property jointly owned by a husband and wife, brought proceedings for possession on the husband ’ s default, and the wife a lleged that her half share of the property was free of...
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The testator, a farmer, by his will, dated 22 July 1940, after making certain pecuniary and specific bequests and devises, gave his residuary estate to trustees on trust for sale and conversion and to pay the net...
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Appeal by the plaintiff from a decision of His Honour Judge Forbes, dated 29 April 1948, given at Birmingham County Court, rejecting the plaintiff ’ s claim to possession of certain premises and decreeing specific...
2 minimum polarisation 99
Held – The effect of the payment from the confirming bank to the sellers being made ‘ under reserve ’ was that the sellers were obliged to repay the money to the confirming bank on demand if the issuing bank rejected...
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Held – A compromise was the purchase of a release from an obligation, and thus it was the element of consideration which distinguished a compromise from a free-standing release. Moreover, in determining whether a...
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Income tax – Appeal – Hearing – Natural justice – Duty to hear parties – Appeal to Special Commissioners – Taxpayer in person – Taxpayer not a ttending hearing – Taxpayer seeking to conduct hearing by presenting...
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This was an appeal by Anthony Leonard Bandey from a decison of the Industrial Tribunal, given on 19 October 1967, holding that he was not entitled to a redundancy payment from his former employer, William John Penn,...
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In 1940, the landlords of a dwelling-house, during the tenancy thereof by B, installed gratuitously in the house a new domestic boiler to replace an old one. In February, 1947, owing to the fact that the water system...
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Negligence – Contributory negligence – Appeal – Apportionment of liability – Principle on which a ppellate court will intervene – Apportionment by trial judge not interfered with save for error in principle or where...
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Appeal by the husband against a decision of a metropolitan magistrate sitting at the South Western Magistrate ’ s Court on 20 February 1953, whereby he found that the husband had deserted the wife.
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The plaintiff owned a dwelling-house which he let to B, and he was also the proprietor of an hotel in which he resided. In 1947 he sold the hotel, giving up possession on 6 July 1947. He desired to regain possession of...
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Where the considerations in favour of construing a provision in a settlement deed as creating a trust, which would be void for uncertainty, seem evenly balanced with the considerations in favour of construing it as...
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Divorce – Financial provision – Matters to be considered by court when making order – Contribution to a cquisition of matrimonial home – Lump sum order in recognition of party ’ s contribution – Conduct of party...
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Anthony Ernest Peter Backer a ppealed, pursuant to s 246 of the Town and Country Planning Act 1971, against the decision of the first respondent, the Secretary of State for the Environment, dated 25 June 1982,...
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A husband ’ s petition for dissolution of marriage, on the ground of the wife ’ s a dultery, included a prayer for discretion in the usual form. The wife, by her answer, denied a dultery and a lleged a dultery against...
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The husband and wife were married in 1960. In 1965 a son was born and was registered as the son of the husband and called by one of his names. He was brought up as the child of the husband and wife. In 1968 the wife...
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A judge of the High Court has power to order a blood test of an infant to be taken whenever it is in the best interests of the child (see p 1025, letter i, p 1027, letter a, and p 1028, letter d, post).
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The defendant was injured in the course of his employment with the plaintiffs and as a result was absent from work for nearly two years. The plaintiffs subsequently discovered that during that period, under their...
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[105] In his judgment Park J, having covered all the matters to which I have already referred, with the important exception of the EU principle of effectiveness, turned to the issue of tax a ppellate jurisdiction. He...
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Appeal by the Australian Mutual Provident Society Ltd from a judgment of the Supreme Court of New Zealand, sitting as a full court, delivered on 21 February 1961, dismissing (by the judgments of Barrowclough CJ,...