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Case Law
4493 cases across 17 courts
4493 cases
Citation pending | 1954-07-09
Costs – Joint tortfeasors – Offer before trial by one defendant to contribute fifty per cent of damages and costs – Notional payment into court – Liability for costs after payment in – RSC, Ord 30, r 2(2)(j).
Citation pending | 1954-06-24
By her will a testatrix directed: “The two cottages Kidbrook and Gretna to be used as missionary homes — [Mr B] … also [Mr S] … both know my wish how they are to be used rest homes [for] retired a ged missionaries”. At...
Citation pending | 1954-06-16
Income Tax – Avoidance – Transfer of a ssets to company in Canada – “Associated operations” – Whether in relation to any transfer of a ssets – Residuary bequest in will – Finance Act, 1936 (c 34), s 18(1), (2).
834 the issues and pleadings of which have been explained to and considered by the central council. Carried without dissent | 1954-06-04
Held – (i) the relationship between the members was contractual, the contract being contained in, or implied from, the rules; while a tribunal or council could by such a contract be made the final a rbiter on questions...
Citation pending | 1954-06-03
In its four and half years of life up to 30 April 1943, a company had a ccumulated a balance on profit and loss account of £145,000. From 1 May to 8 December 1943, it earned a profit of over £14,000. On 9 December...
Citation pending | 1954-06-02
a dministrators, a lleged negligence at common law on the part of the defendants in failing to provide fencing or a guard-rail, and breaches of s 25(3), s 26(1) and s 26(2) of the Factories Act, 1937. Gorman J held...
Citation pending | 1954-05-27
It was submitted on behalf of the wife that the burden of proving “good cause” was on the person a lleging it, and as a matter of general law and practice the right to begin rested on the person who had to discharge...
Citation pending | 1954-05-12
Legal Aid – Costs – Assisted person resident a broad – Costs of a ttendance at court – Prior a pproval of Law Society – Legal Aid (General) Regulations, 1950 (S I, 1950, No 1359), reg 3(4) – Legal Aid (General...
Citation pending | 1954-05-11
ORMEROD J stated the facts and continued, The issue in this case resolves itself into a very short one and it is whether, in view of the terms of Part V of the Housing Act, 1936, the defendants are entitled, in the...
Citation pending | 1954-05-07
Divorce – Restitution of conjugal rights – Answer – Prayer for dissolution of marriage – Competency – Supreme Court of Judicature (Consolidation) Act, 1925 (c 49), s 32 – Matrimonial Causes Act, 1950 (c 25), s 6.
Citation pending | 1954-05-04
The a ppellants, the A Bank Ltd were a company incorporated in Palestine in 1930, their head office being in Jerusalem until 1 July 1948, when it was moved to Amman, Jordan, where the a ppellants became registered on 7...
Citation pending | 1954-04-13
The plaintiff and the defendant, who were wife and husband, the husband being an American citizen, were married in England in April, 1939, and there were three children of the marriage. Differences having a risen...
Citation pending | 1954-04-06
Privy Council – Nigeria – Company – Winding-up – Vountary winding-up – Liquidator nominee of controlling shareholder of company – Proposal for reconstruction of company – Petition by official receiver for compulsory...
Citation pending | 1954-03-09
Hawell v Young is in principle indistinguishable and I am bound by that case and a line of cases which have stood the test of time for many years. In my judgment, the proposition is correctly stated in Dr Charlesworth...
Citation pending | 1954-02-17
By his will, the testator conferred on his son, FA, a power to appoint by deed revocable or irrevocable executed prior to and in contemplation of marriage, or by will or codicil, a life or less interest in a settled...
Citation pending | 1954-01-26
Held – (i) before any right of the wife to remain in the matrimonial home could have a risen on the husband ’ s desertion, the bank ’ s right to possession a rose on the creation of the equitable mortgage, and the fact...
Citation pending | 1954-01-15
By her will a testatrix directed her trustees to hold a fund for the promotion and furtherance of commercial education and prescribed rules for the a dministration of the said trust fund. The objects of the trust were...
Citation pending | 1953-12-18
By his will dated 24 March 1932, a testator, who died on 3 March 1938, devised land, dwelling-houses, and other buildings at Westoning, and also the lordship of the manor and an a dvowson, to the National Trust for...
Citation pending | 1953-12-17
On 3 July 1940, gold belonging to a Dutch Banking company was transferred from safe deposit in London to the Custodian of Enemy Property by a vesting order made by the Board of Trade under the Trading with the Enemy...
841474 | 1953-12-07
New South Wales has retained the system of pleadings which obtained in England under the Common Law Procedure Act 1852, the provisions of which, and the rules made thereunder, being in substance reproduced in the...
Citation pending | 1953-12-03
Appeal by the Commissioner of Taxation of the Commonwealth of Australia against an order of the Full Court of the High Court of Australia, dated 13 April 1953, on a Case stated by Sir Owen Dixon CJ dated 3 July 1952....
Citation pending | 1953-11-24
In December, 1948, the a ppellant, who owned certain lands in Lanarkshire, by missives of sale dated 15 and 16 December 1948, a greed to sell part of these lands to the respondents. Following on these missives, a...
2082 by the Minister of Health and by virtue of reg. 51 of the Defence | 1953-07-28
In an action by the plaintiffs for possession of the flat and damages for trespass the defendants contended that the plaintiffs were no longer in possession since the requisition had ceased one month from the date of...
Citation pending | 1953-07-28
National Health Service – Hospital – Gift of residue – “To the trustees for the time being” of the hospital “and by them to be a ppropriated for or towards the building funds” of the hospital – Vesting of hospital and...
Citation pending | 1953-07-06
VISCOUNT SIMON read the following judgment of the Board. This is an appeal by special leave from a judgment of the Supreme Court of Canada, dated 20 November 1950, a llowing in part an appeal by the respondent from a...
Citation pending | 1953-06-24
Joseph Travers & Sons Ltd v Cooper, a decision of the Court of Appeal which has often been quoted and a pproved. All I need refer to is a passage from the judgment of Phillimore LJ. The clause there was a clause that a...
Citation pending | 1953-05-21
The plaintiffs, the A Bank Ltd were a company incorporated in Palestine in 1930, their head office being in Jerusalem until 1 July 1948, when it was moved to Amman, Jordan, where the plaintiffs became registered on 7...
Citation pending | 1953-05-18
Londonderry Presbyterian Church House Trustees v Inland Revenue Comrs (1946) (27 Tax Cas 431), Williams ’ Trustees v Inland Revenue Comrs ([1947] 1 AllER 513), Dunne v Byrne ([1912] AC 407) and Farley v Westminster...
Citation pending | 1953-05-15
SINGLETON LJ stated the facts and continued. Counsel for the plaintiff has limited the appeal to one point under s 47(1) of the Factories Act, 1937, namely, that the defendants had failed in their duty under that...
Citation pending | 1953-03-12
guarantee of her account which, in view of the large sums he had already paid to her, the husband was unwilling to give. On 29 August the husband drew a cheque for £380 in favour of the wife with the expressed...
Citation pending | 1953-02-27
The plaintiff was employed by the defendant as an independent contractor to clean the windows of his hairdressing shop every fortnight. When cleaning a window with three panels, in order to steady himself, he had made...
Citation pending | 1953-02-11
The plaintiff, a guest at the defendants ’ hotel, slipped on a slippery part of the hotel drive and sustained injuries. She contended that: (i) her contract with the defendants contained an implied warranty that the...
Citation pending | 1952-12-18
HARMAN J read the following judgment. These are a ppeals by Case Stated from two decisions of the Commissioners of Inland Revenue under the Stamp Act, 1891, holding that two conveyances both dated 21 August 1951, and...
Citation pending | 1952-12-08
PARKER J said that counsel for the plaintiff pointed out, as was undoubtedly true, that at least three different standards were laid down under the Factories Act, 1937, and probably more. There was the standard which a...
Citation pending | 1952-12-01
In an action against both defendants the plaintiff a lleged that the insulation company were negligent in the way Edmunds handled the gas cylinder, and, a lternatively, that the refrigeration company were negligent in...
Citation pending | 1952-11-26
The fact which gives jurisdiction to the Prize Court is that a ship has been physically captured and taken out of the possession of her former owners. The physical capture of a ship is the same thing as taking her in...
Citation pending | 1952-11-20
On 8 August a destroyer a rrived at the a nchorage flying a Chinese nationalist flag and at 10.30 the Atlantic Trader was a pproached by an officer and twelve men from the destroyer a rmed with revolvers and...
Citation pending | 1952-11-05
A weekly tenant entered into an a greement with his landlord for a tenancy for one year of shop premises at a rent of £3 a week. At the end of the year he held over at the same rent, and later was given notice to quit...
Citation pending | 1952-11-05
The various mineral grants and leases held by the respondents were ranged in certain categories of each of which a “type” was conveniently set out in the a greed statement of facts. Thus, there were grant type I, grant...
Citation pending | 1952-11-03
On 3 July 1940, gold belonging to a Dutch banking company was transferred from safe deposit in London to the Custodian of Enemy Property by a vesting order made by the Board of Trade under the Trading with the Enemy...
Citation pending | 1952-10-21
The respondents HA Ltd (the plaintiffs in the action), were the successors in title to rights in respect of petroleum and natural gas in certain Crown lands in Alberta granted by the Crown in August, 1913, in right of...
Citation pending | 1952-10-17
That law has been a pplied repeatedly, and I should have had no doubt about the matter if it had not been for a fairly recent decision of the Court of Appeal in Christmas v General Cleaning Contractors Ltd. In that...
Citation pending | 1952-10-06
M was the director of a company incorporated in Ceylon in 1922. The capital of the company consisted of 19,800 eight per cent cumulative preference shares and five thousand management shares. From the date of its...
Citation pending | 1952-10-02
By his will a testator directed his trustees to set a side a sum out of his residuary estate sufficient at the time of a ppropriation to produce “a net income of £10 per week” and he directed his trustees to pay such...
2 | 1952-09-16
This appeal is from a judgment given in favour of the plaintiff -respondent herein, by the High Court, Accra. The plaintiff's claim was for possession of premises on the first floor of house No. D 762B/4 Kimberley...
V. of sched. A shall be such amount as could have been claimed by him if the a nnual value of the unit had been determined in the manner described in sub-s. | 1952-07-31
Appeal by the Crown from an order of the Court of Appeal (Cohen and Singleton LJJ Jenkins LJ dissentiente), dated 15 June 1951, and reported [1951] 2 AllER 393, reversing an order of Wynn-Parry J dated 28 February...
28 of 1956. 3 | 1952-07-12
Apaloo J.S.C. delivered the judgment of the court. Some time in 1952, the Government of Ghana were minded of a cquiring under the Public Lands Ordinance,1 an are a of land situate at Accra and lying north of Ring Road....
Citation pending | 1952-07-07
Employment – Regulation – Registration of workers – Suspension of workers – Appeal to statutory body – Confirmation of suspension – Action for declaration and injunctions against suspension — Dock labour – Dock Workers...
Citation pending | 1952-07-02
Rent Restriction – Permitted increase – Transfer of burden – Transfer to landlord of liability to repair previously borne by landlord as tenant – Right of appeal – Increase of Rent and Mortgage Interest (Restrictions)...
Citation pending | 1952-07-01
Appeal by the contractors from an order of Gorman J dated 12 March 1952, a llowing the building owners ’ counterclaim for liquidated damages for delay in completion of building work.