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Case Law
5000 cases across 17 courts
5000 cases
5 being a copy of the international contract bearing the same number. For any divergence which may arise in the fulfilment or construction of the contract contrary to the a foresaid terms | 1956-10-31
On 4 September 1954, the plaintiffs, an Italian company, issued a writ against the defendants, a body which had corporate status by the laws of Spain, claiming damages for breach of a contract for the sale of rye to...
Citation pending | 1956-10-29
This was a Case Stated by the Lands Tribunal (Sir William Fitzgerald, President, C H Bailey, Esq, and Sir Grattan Bushe), under the Lands Tribunal Act, 1949, s 3(4), on the requisition of Associated London Properties...
Citation pending | 1956-07-30
On 11 September 1952, the plaintiff visited the premises of the defendant, a dealer in second-hand cars, and was shown by the defendant ’ s sales manager a 1934 saloon car which the defendant had had for about a week....
Citation pending | 1956-07-26
Res Judicata – Judgment after commencement of action in which plea raised – Action in High Court between drivers of two motor vehicles claiming and counterclaiming damages for negligent driving – Subsequent action in...
Citation pending | 1956-06-28
The a ppellant was the manager of a coal mine. Before going on leave he a ppointed under s 3(2) of the Coal Mines Act, 1911, a duly qualified person to carry out his duties as manager. A few days before his leave began...
Citation pending | 1956-06-25
Held – In so far as the rate proceeded on the basis of the Sch A a ssessment the rate was invalid, since the a nnual value of hereditaments was not determined within s 29(1) of the Land Drainage Act, 1930, until either...
Citation pending | 1956-06-11
During the hearing of the suit counsel for the husband a pplied for leave to read the a ffidavits and the court gave leave and, having considered the evidence, granted the husband a decree nisi. The case is reported...
Citation pending | 1956-05-30
On the facts that I have stated it is quite plain that the husband was guilty of a dultery. It is equally plain that the wife condoned it, but it is settled law that a subsequent desertion by the husband, even if it is...
Citation pending | 1956-05-18
In the years 1951 – 52 the defendants ’ prosperity suffered a set back, largely as result of the market for the defendants ’ products changing from a seller ’ s to a buyer ’ s market, and the shareholders were a dvised...
Citation pending | 1956-05-08
The plaintiff, Elliott Archibald Balfour, claimed damages against the defendants, Hugh David Barty-King and Jennifer Barty-King, his wife, in respect of damage done to the plaintiff ’ s premises by a fire which...
Citation pending | 1956-05-08
Court of Appeal – Time for appeal – Abridgment of time – RSC, Ord 58, r 4(1)(c), r 14 (as substituted by the Rules of the Supreme Court (Appeals), 1955 (SI 1955 No 1885)) – RSC, Ord 64, r 7.
Citation pending | 1956-05-08
UPJOHN J. This is an appeal by the taxpayer, Associated Artists Ltd [herein called “the taxpayer”], from a decision of the Special Commissioners of Income Tax, who heard a claim for exemption from tax under s 448(1)(c)...
Citation pending | 1956-05-01
At the trial of a libel action in which the defendants pleaded justification the plaintiff called his evidence but did not himself give evidence; before the defence had been concluded the jury a sked to retire and were...
Citation pending | 1956-04-18
The plaintiff, Violet Ashdown, claimed damages against the first defendants, Samuel Williams & Sons Ltd, and the second defendants, Wagon Repairs Ltd, for personal injuries and consequential loss and suffering due to...
Citation pending | 1956-03-05
Quaere whether, having regard to the fact that provision is made by the Landlord and Tenant Act, 1954b, for procedure whereby questions in dispute under the Act may be determined, the court ought to entertain an a...
Citation pending | 1956-03-01
Appeal by the sellers, A V Pound & Co Ltd from an order of the Court of Appeal, dated 25 February 1955, and reported [1955] 1 AllER 666, sub nom M W Hardy & Co Incorporated v A W Pound & Co Ltd, reversing an order of...
Citation pending | 1956-02-29
The taxpayers contended that the £16,138 4s 2d was part of the price paid by a third party to the taxpayers as consideration for their a greeing to give up an a gency contract and the case was a ccordingly...
Citation pending | 1955-12-19
Held – (i) The test whether under RSC, Ord 16, r 11, the court had jurisdiction to add as defendant a person whom the plaintiff did not wish to sue was whether the order for which the plaintiff was a sking in the...
Citation pending | 1955-12-19
The Court of Appeal had held (see particularly [1955] 2 AllER at pp 470, 471) that there was an automatic forfeiture of the residue of the term a ssigned to Arffe Ltd notwithstanding that the a ssignment was by...
Citation pending | 1955-12-14
The plaintiff, Allied Investors Trusts, Ltd (the managers of the unit trust scheme called Electrical and Industrial Development Trust) a pplied to the court by originating summons, pursuant to RSC, Ord 54A, for the...
Citation pending | 1955-12-08
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 (26 Geo 5 & 1 Edw 8 c 34), s...
It was pressed on me by the Crown that the taxpayer company itself had described the payment in its a ccounts as compensation for loss of office and that | 1955-11-23
HARMAN J read the following judgment. The facts of this case are not in dispute and are sufficiently set out in the Case Stated. The question is whether the inference which the commissioners drew from those facts is a...
Citation pending | 1955-11-23
Appeal by special leave by the Australian Woollen Mills Ltd (formerly called the Australian Woollen Mills Pty Ltd) from an order of the Full Court of the High Court of Australia, dated 4 May 1954, in an action brought...
Q. | 1955-10-31
SINGLETON LJ read the judgment of the court: The plaintiffs were the occupiers of a lock-up shop on the ground floor of No 15 Market Street, Manchester, when on 5 June 1953, there was an escape of water from above and...
Citation pending | 1955-10-26
Machinery is provided whereby, in the absence of a greement between the landlord and tenant, the tenant can apply to the court for a new lease (s 24), and on such an a pplication where the tenancy is one to which Part...
Citation pending | 1955-10-13
A landlord purchased the reversion of a lease of a shop, a building on three floors, and two years later, the tenancy being near its end, the tenant a pplied to the county court for the grant of a new tenancy under s...
Citation pending | 1955-10-07
The plaintiff was the father and a dministrator of the estate of Albert George Adams who was killed while serving in the a rmed forces of the Crown as a Class Z reservist. The plaintiff brought this action against the...
Citation pending | 1955-10-04
The a pplicant, who was a daughter of the testator and was now sixty-nine years of age and by reason of physical disability was incapable of maintaining herself, had lived with him at his home until 1911 when she left...
Citation pending | 1955-07-29
On 28 July 1953, the defendant company, having reached the end of its financial resources, evolved a scheme whereby its capital was to be reduced and one million 1s shares were to be issued in order to obtain fresh...
Citation pending | 1955-06-15
The husband caused the wife great mental distress by his persistent drinking, despite warnings both from her and from others that she would not be a ble to stand it. In the last few months of the marriage he became...
Citation pending | 1955-05-10
(ii) the Crown was liable under the lessee ’ s covenants contained in the said lease because it was incompatible with the decisions of the Court of Appeal last cited either that the Crown could divest itself of the...
Citation pending | 1955-04-21
By his will a testator a ppointed the plaintiff to be his executor, and after making other specific bequests provided as follows — “All other money belonging to me I wish to be up in trust for my four grandchildren...
Citation pending | 1955-04-06
Per Curiam: it is not necessary that I should hold that every failure to make proper inquiries, even though the bank can show a ffirmatively that the failure is immaterial, is fatal to a defence under s 82 of the Act...
Citation pending | 1955-04-05
Divorce – Appeal – Appeal to House of Lords – Religious upbringing of child – No question of law – Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo 5 c 49), s. 27(2).
Citation pending | 1955-03-31
Held – (i) A mandatory injunction would not be granted because (a) the court could not compel the performance of personal services or the doing of a continuous act requiring the continuous employment of people (Lumley...
Citation pending | 1955-03-29
Per Curiam: to accept the contention of counsel for the valuation officer that the overhaul and re-conditioning of the units was part of the maintenance of the company ’ s road vehicles would involve dissenting from...
Citation pending | 1955-03-17
By her will dated 31 August 1923, the testatrix who died on 21 July 1932, constituted a residuary trust fund and directed her trustees, in the events which happened, to pay the whole of the income thereof to the first...
Citation pending | 1955-03-14
Per Curiam: (i) their Lordships share the opinion, entertained by all the judges of the High Court of Australia, that the service relationship of a constable to the Crown is not, in principle, distinguishable from that...
Citation pending | 1955-02-16
On 6 June 1953, the plaintiffs issued a specially indorsed writ in the Queen ’ s bench Division a sking for an order that the defendants pay to the plaintiffs £65,900, as money lent plus interest, and on an a...
Citation pending | 1955-02-10
By a settlement made in 1936 trustees were empowered to invest money subject to the settlement in any of the ordinary stock or shares of any “company … in … any British colony or dependency”. The trustees, wishing to...
Citation pending | 1955-02-03
This was an appeal by the shipowners, the claimants, from an order of McNair J dated 20 October 1954, and reported [1954] 3 AllER 324, upholding an a ward by an a rbitrator that, on the facts found and on the true...
Citation pending | 1955-01-18
That seems to me to show that, in the opinion of the House of Lords in that case, the two sections, s 3 and s 4, are quite distinct, and if the a cts which are relied on as a breach of the statute in the present case,...
1 is an electric motor. | 1954-12-01
such societies to be filed a nnually, and establish a Copyright Appeal Board to consider objections to proposed tariffs. A right of action for infringement of copyright vested in such a society is barred if fees...
Citation pending | 1954-11-30
A testator by his will directed his executors to devote the remainder of the income of his estate to the furthering of the Boy Scouts Movement, by helping to purchase sites for camping, outfits, etc. The Boy Scouts...
Citation pending | 1954-11-24
Petition by the husband for divorce on the ground of the wife ’ s desertion; cross-prayer by the wife for divorce on the ground of the husband ’ s desertion. The facts a ppear in the judgment.
Citation pending | 1954-11-11
An a ppellate court, on an appeal from a case tried before a judge a lone, should not lightly differ from a finding of the trial judge on a question of fact, but a distinction in this respect must be drawn between the...
Citation pending | 1954-11-09
Will – Omission – Words of will clearly showing a ccidental omission – Language connoting use of recognised precedent – Words of a ppropriate precedent supplied – Clause a ccordingly construed as creating special power.
Citation pending | 1954-10-29
The plaintiff was a passenger in a vessel belonging to the P & O SN Co and the defendants were the master and boatswain of the said vessel. On 16 July 1952, the plaintiff was a scending the gangway of the vessel when...
Citation pending | 1954-10-20
Disputes as to demurrage having a risen under the charterparty the matter was referred to a rbitration. In the a rbitration and on the Special Case the shipowners were the claimants and the charterers were respondents....
Citation pending | 1954-10-12
By the Marriage Ordinance of 1884 of the Colony of Lagos, s 41: “Where any person who is subject to native law or custom contracts a marriage in a ccordance with the provisions of this or of any other ordinance...