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Case Law
5000 cases across 17 courts
5000 cases
Citation pending | 1948-07-08
At a meeting of the commissioners on 18 July 1946, Goodlass Wall & Lead Industries Ltd (hereinafter called “the company”) a ppealed against an a dditional a ssessment to income tax made under sched D, Case V, in the...
Citation pending | 1948-06-29
By the Evidence Act, 1938, s 1(1), a court may in the circumstances specified order that a written statement shall be a dmissible as evidence notwithstanding that the maker thereof is not called as a witness, but by...
Citation pending | 1948-06-25
The Guardianship of Infants Act, 1925, s 1 provides: “Where in any proceeding before any court … the custody or upbringing of an infant … is in question, the court, in deciding that question, shall regard the welfare...
1 | 1948-06-15
Action by the landlords for a rrears of rent of a flat a mounting to £115 2s 2d, and counterclaim by the tenant for rent overpaid a mounting to £165 13s 6d and for a declaration that the standard rent of the flat was...
Citation pending | 1948-06-08
The action was brought by the executrix of Alexander Mountain in the name of “Alexander Mountain & Co (trading as a firm).” The deceased had carried on business as “Alexander Mountain & Co”, a lthough he had no...
Citation pending | 1948-06-08
On the plaintiff ’ s oral undertaking that the defendant would be a llowed to live in a cottage rent free for as long as she desired, the defendant a greed to sell to him that and an a djacent cottage. The plaintiff ’...
Citation pending | 1948-05-14
It is a principle of our law that the punishment inflicted by a criminal court is personal to the offender, and that the civil courts will not entertain an action by the offender to recover an indemnity against the...
Citation pending | 1948-05-12
The action was brought more than 6 years after the date of the conversion and the defence was that the cause of action a ccrued at the date of conversion and, a ccordingly, the action was barred by the Limitation Act,...
Citation pending | 1948-04-30
A testator devised to N a freehold farm, which, after the date of the will but before the testator ’ s death, was damaged by fire. The testator received £400 in respect of his claim under a fire insurance policy, and a...
Citation pending | 1948-03-03
Appeal by a company from a decision of Atkinson J a ffirming a decision of the Special Commissioners of Income Tax by which they disallowed certain sums as capital for the purposes of excess profits tax in the a...
Citation pending | 1948-02-24
Held – A general undertaking of the kind required by the defendant would not be ordered, because the implied obligation, under which each party was, to make no improper use of disclosed documents, was a sufficient...
II and No. III of this schedule | 1948-02-24
Appeal by the taxpayers from an order of Macnaghten J dated 28 July 1947, and reported [1947] 2 AllER 474, a ffirming a decision of the General Commissioners of Income Tax that the value of an air-raid shelter should...
Citation pending | 1948-02-05
(ii) it was only where the exercise of a discretion exceeded the generous a mbit within which reasonable disagreement was possible, and was, in fact, plainly wrong, that an a ppellate court was entitled to interfere,...
Citation pending | 1948-01-16
For the Coal Mining Industry (Pneumoconiosis) Compensation Scheme 1943, see Halsbury ’ s Statutes, Vol 36, pp 198 – 203. See also Willis ’ s Workmen ’ s Compensation, 37th Edn, pp 1065 – 1070, and Supplement, p 60.
Citation pending | 1948-01-15
Landlord and Tenant – Notice to quit – Validity – Fixed term of 18 months followed by tenancy from year to year – Notice to quit at “expiration of your tenancy which will expire next after the end of one half year from...
Citation pending | 1947-12-19
Appeal by the plaintiff from a judgment of Lewis J, dated 31 March 1947. The plaintiff claimed damages for injuries received by him in tripping over a small pile of debris left by the defendants at the side of a road...
Citation pending | 1947-12-19
Appeal by the defendant, the a lleged vendor, in an action for the specific performance of an a lleged contract for the sale of land. The matter turned on the true construction of the document which was a lleged to...
Citation pending | 1947-12-17
Appeal by the husband from a decision of the Court of Appeal (Lord Greene MR Asquith LJ and Vaisey J), dated 17 February 1947, and reported ([1947] 1 AllER 387), a ffirming an order of Hodson J dismissing a petition...
Citation pending | 1947-12-11
On 26 March 1946, a proposal was made on behalf of the Aberaman Ex-Servicemen ’ s Social Club and Institute for the a mendment of the valuation list for the Aberdare Urban District in respect of the premises which it...
Citation pending | 1947-12-10
This case illustrates the dangers facing chieftaincy tribunals when they abandon their conventional and legally permissible constitutional functions and wander in a lien domains where their training and learning do not...
Citation pending | 1947-12-03
Practice – Judgment by default – Interlocutory judgment – “Liquidated demand” – Writ claiming price of goods and damages for breach of contract – Value of goods and damages claimed in statement of claim – RSC, Ord 13,...
Citation pending | 1947-11-10
Per curiam: If a proxy were revoked before the ceremony of marriage took place, but the other spouse and the proxy were unaware of the revocation, the court might hold that the purported marriage was void on the ground...
Citation pending | 1947-11-10
The court is entitled to investigate the action of the local authority with a view to seeing whether it has taken into account matters which it ought not to take into account, or, conversely, has refused to take into...
Citation pending | 1947-10-30
Where a prima facie case of desertion has been made out, the burden of proof is on the deserting spouse to satisfy the court that his belief in the guilt of the other spouse is sufficient to a bsolve him.
Citation pending | 1947-07-28
The Lord Ordinary (Keith), who tried the case, found that the collision was due to the negligence of both vessels and a pportioned the blame between them. On appeal, the First Division held that the “St. Rognvald,”...
Citation pending | 1947-07-28
Case Stated by General Commissioners of Income Tax who had held that the value of an air-raid shelter should be taken into account in a ssessing, for the purposes of income tax under sched A, the a nnual value of...
Citation pending | 1947-07-24
Owners of land comprised in a compulsory purchase order made by a local authority under s 74 of the Housing Act, 1936, and confirmed by the Minister of Health under sched I, para (4) to the Act, a pplied to the court...
Citation pending | 1947-07-22
By a written contract, dated 30 January 1945, the defendant (the vendor) a greed to sell to the plaintiff (the purchaser) a freehold dwelling-house known as “Thistledown,” which came within the scope of the Rent...
Citation pending | 1947-06-16
Divorce – Maintenance – Consent order – “Settlement” within Settled Land Act – Husband to secure house jointly held to wife “for her life occupation” – Supreme Court of Judicature (Consolidation) Act, 1925 (c 49), s...
Citation pending | 1947-06-03
A salvor is under a duty to use reasonable skill and care, the breach of which entails liability. A salvage company professing to render salvage services is also under a duty to provide suitable equipment to such an...
Citation pending | 1947-05-12
The first point of counsel for the a ppellant was that the surcharge is wholly misconceived as a district auditor has no power to surcharge a nyone other than members, officers and servants of the authority whose a...
Citation pending | 1947-04-25
An information was preferred by the respondent, a police officer, before a metropolitan magistrate, charging the a ppellant, a tramway car conductor, with unlawfully endangering the safety of a passenger through...
Citation pending | 1947-04-16
It is interesting to compare the present case (which is a civil matter to which the Evidence Act, 1938, a pplies) and the decision in Pettit v Lilley ([1946] 1 AllER 593; 110 JP 218), which was a criminal case, and so...
Citation pending | 1947-03-21
A, the chairman of a company, and his wife, who was not a director of the company, lent money to the company at various times from 1924 when it was in financial difficulties, and in 1930, to induce it to carry on...
Citation pending | 1947-03-18
Citation pending | 1947-03-04
Held – The phrase “gives a receipt” in s 103 of the Stamp Act, 1891, must bear its ordinary prima facie meaning — viz, that the receipt is given in such a way that it can be retained by the recipient and will be a...
Citation pending | 1947-02-28
Action by licensees of a cinematograph theatre for a declaration that a condition a ttached to a permission granted by the licensing authority for Sunday performances was ultra vires. The facts a ppear in the judgment.
Citation pending | 1947-02-17
Appeal by the husband from a decision of Hodson J, dated 5 June 1946, refusing a decree of nullity on the ground that the husband had not sufficiently proved that the non-consummation of the marriage was due to the...
Citation pending | 1946-12-20
ROMER J read the following judgment. The defendant board was brought into being by the Mynyddislwyn Urban District Council Act, 1926, s 22. Their function in general, by virtue of the Act, was, and is, to provide and...
Citation pending | 1946-11-29
The plaintiffs brought an action against 35 defendants for conspiracy and certain joint torts a lleged to have been committed in pursuance of that conspiracy. The plaintiffs came to a settlement with one of the...
Citation pending | 1946-11-01
Dominions – Legislative powers – Establishment of Supreme Court with exclusive and final a ppellate jurisdiction – Exclusion of a ppeals to Privy Council from dominion and provinces – British North America Act 1867 (c...
Citation pending | 1946-10-29
The plaintiffs, two sisters, sought possession from the defendant of a house which was subject to the Rent and Mortgage Interest Restrictions (Amendment) Act, 1933. The house had come into the ownership of the...
Citation pending | 1946-10-17
This case is of value as indicating both to judges and commissioners dealing with divorce suits and magistrates exercising the powers of courts of summary jurisdiction in matrimonial disputes the view of the President...
Citation pending | 1946-10-16
The defendant was a statutory tenant of a flat in a block of flats owned by the plaintiffs. In the original lease, which had been determined by notice to quit, the defendant had covenanted to observe certain...
Citation pending | 1946-07-30
An a greement not to sue one of several joint tortfeasors will not amount to a discharge of the others where it is not the intention of the a greement that an accord and satisfaction should emerge. The a greement in...
Citation pending | 1946-07-25
The Court of Appeal reverse the court below, holding that the interpretation of “trade” a dopted by Macnaghten J, as importing a regular business of buying and selling was too narrow. This would exclude such a...
129 | 1946-07-17
Summons by the second defendants under RSC, Ord 12, r 30, a sking that an order for service of a notice of a writ out of the jurisdiction, the writ and all subsequent proceedings be set a side on the ground that the...
Citation pending | 1946-05-29
Per cur: since a claim in tort cannot be made directly against the Crown it is customary to make it against the servant of the Crown whose fault will justify a personal action against him, in the hope, or with the...
Citation pending | 1946-05-27
Petition by the husband for divorce on the ground of his wife ’ s desertion. The report is confined to the question of the date of the presentation of a petition. The relevant facts are set out in the judgment.
Citation pending | 1946-04-08
Procedure Summons by the defendants, in a patent action, a sking that the action stand dismissed for want of prosecution on terms that the plaintiffs should be precluded from bringing any further action in respect of...