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Case Law
4493 cases across 17 courts
4493 cases
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...
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...