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Case Law
5000 cases across 17 courts
5000 cases
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...
Citation pending | 1939-02-13
The plaintiff brought an action to recover £4,335 a lleged to have been due as the result of a football pool. The competition was subject to the usual rule, described as a basic condition, that the transaction should...
Citation pending | 1939-02-08
This case is very similar in its facts to Re Newhill Compulsory Purchase Order 1937, Application of Payne, but the judgment herein lays more emphasis on the point that, unless the proceedings by way of local inquiry...
Citation pending | 1939-02-07
Application by Joseph Huntington Bainbridge for an order quashing the order confirming the South Shields (D ’ Arcy Street) Housing Confirmation Order 1938. The a pplicant complained that, if the order were proceeded...
Citation pending | 1939-02-01
Action for (a) a declaration that the defendant corporation have and at all material dates had full power and authority to agree to provide and to provide (i) the sum of 2d per week by way of a ddition to the wages of...
Citation pending | 1939-01-25
It was a rgued that it covers only damage caused by a ship not being in fact fully loaded, and damage caused by the cargo furnished being a cargo not within the contract, a ndless remunerative than cargo within the...
Citation pending | 1939-01-19
the plaintiff entered the employ of a cinema company, one off 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 | 1939-01-18
Appeal by way of case stated from a decision of the stipendiary magistrate for the city and county of Kingston-upon-Hull. The facts and the a rguments are set out in the judgment of Lord Hewart LCJ.
8 neither the company | 1938-12-20
Action for damages for loss and injury sustained by the plaintiff, as he a lleged, while he was a passenger for reward to the defendants on their steamship Arandora Star on 14 May 1937, by reason of the negligence...
Citation pending | 1938-12-19
The Court of Appeal have based their decision on the very wide words used in s 1(1) of the Act of 1934. The expression “all causes of action” is stated to be “too recalcitrant to admit of a construction which would...
Citation pending | 1938-12-14
Held – there is no quantitative scale for the guidance of judges and juries as to the a ssessment of damages in cases of this nature. The matter is essentially one for the jury, under a proper direction by the judge,...
Citation pending | 1938-11-24
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 | 1938-11-16
The judgment herein discusses 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...
Citation pending | 1938-11-15
Appeal by way of special case from an a ward by A T Miller KC, in an a rbitration in which A L Sturge & Co and others were claimants and the Excess Insurance Co Ltd, and others were respondents. The relevant facts are...
Citation pending | 1938-11-11
Appeal by way of special case stated under the Stamp Act 1891, against a decision of the Inland Revenue Commissioners as to the stamp duty payable upon a voluntary transfer of mortgage.
Citation pending | 1938-11-08
The decision in Emery (John) & Sons v Inland Revenue Comrs turned upon certain Scottish terms, and it might have been doubted how far the principle a pplied to the case of ground rents in England. A doubt had also a...
Citation pending | 1938-07-28
The facts of this case were before the court in another proceeding which is reported at p 226, a nte. The principal contention here is that the a greement provided for a scheme of planning more favourable than that in...
Citation pending | 1938-06-22
The law has a pplied the maxim de minimis non curat lex to the question of obstruction, and an obstruction may be so temporary or so inappreciable as not to amount to a nuisance. It has, however, been said that it is...
Citation pending | 1938-06-15
The Attorney-General further distinguished A-G v Burges, which was an information of devenerunt in a case in which goods had been landed without paying customs duties, and the information was a pparently to recover the...
Citation pending | 1938-06-02
SIR WILFRID GREENE MR. This is an appeal from the decision of Sir John Bennett, Vice-Chancellor of the County Palatine of Lancaster, which a rises out of an action brought by Mrs Margaret Jane Beattie against a company...
Citation pending | 1938-06-02
SIR WILFRID GREENE MR. This is an appeal by the inspector of taxes against a decision of Lawrence J, a ffirming a decision of the general commissioners for the city of London, who had a llowed an appeal by the...
Citation pending | 1938-05-27
Held – the question was an issue of fact, to be decided a ccording to the particular circumstances, the duty of the court being to determine what the words meant in the vernacular of mining men, commercial men and...
That is what happened. | 1938-05-16
Apart from the special interest of this case as referring to a new method of a dvertising, it is of considerable importance upon the question of damages for breach of contract. An attempt was made to restrict the...
Citation pending | 1938-05-09
In this case there is a conflict between two grounds of public policy. The first is the duty of the court to enforce contracts and the other that no man or his estate is a llowed to benefit by his own crime, or, as it...
Citation pending | 1938-05-05
The Finance Act 1927, s 45(5), provides for the cessation of a source of income taxable under Sched E in the course of the year of a ssessment. Sub-s (6) provides for the death of the person a ssessed. It was contended...
Citation pending | 1938-05-05
The Court of Appeal have here upheld the decision in the court below, but have taken the view that that decision ought not to have been based upon the dictum in the well-known judgment of Brett MR, in Heaven v Pender....
Citation pending | 1938-03-17
The plaintiff bank, a Spanish company domiciled at Bilbao, had a London branch which was managed by the defendants. On 6 October 1936, the Basque country was constituted an autonomous region, and on 23 December 1936,...
Citation pending | 1938-03-09
A husband was from 1934 to 1936 constantly a ttempting to bribe his wife to bring divorce proceedings. About the end of 1936 he offered to pay the costs of initiating such proceedings if his wife would bring them....
Citation pending | 1938-03-07
Citation pending | 1938-03-04
Infant – Custody – Proceedings instituted in court of summary jurisdiction – Whether proceedings can be removed into High Court – Guardianship of Infants Act 1886 (c 27), ss 5, 9, 10 – Guardianship of Infants Act 1925...
Citation pending | 1938-02-18
The Court of Appeal have taken a different view of the construction of the grant in this case from that taken by Farwell J. The matter, though only one of construction, is one of some importance to local authorities,...
Citation pending | 1938-01-26
A post office employee was injured in an a ccident a lleged to have been caused by the negligence of the defendants. He was paid compensation by the Postmaster-General at the rate of £1 8s 8d a week. On 7 January 1937,...
Citation pending | 1937-12-22
The House of Lords have here considered, not only the position of salvage a greements made by the Admiralty, but also the general question whether an a greement containing terms inconsistent with the principle of “no...
XI | 1937-12-15
In this case the Court of Appeal have followed the decision of the House of Lords in Foulsham v Pickles. The question a rising in such a case is: What is the source of the income? In the case of an employment this is...
Citation pending | 1937-12-09
An appeal from the judgment of Lawrence J, reported [1937] 2 AllER 663, was dismissed, without the respondents being called upon.
1 and Work No. 12 authorised by this Act pay to the county council on or as soon as reasonably practicable after the a ppointed day all sums reasonably expended by that council for such purposes together with interest at the rate of 3 | 1937-12-07
That would seem to lead at once to this, that s 41 contemplates that, a lthough, apart from what is said in this section, any such a ctivities on the part of the county council would be ultra vires, the county council...
Citation pending | 1937-12-03
HON HENN COLLINS KC, COMMISSIONER. I fully realise the importance of this case, but I do not feel that I shall form a better judgment upon it by thinking it over, because I have the authorities very clearly in my mind...
Citation pending | 1937-11-18
In this case the plaintiffs were a nxious to secure the removal of an old retaining-wall supporting a highway before extending their factory on land immediately beneath it. It would no doubt be a rash proceeding to...
34 and piped thence to Claveys Farm in the first instance and so on to Little Green with sundry intermediate branches. | 1937-11-01
Where works are undertaken for a public purpose, the courts are slow to interfere by way of injunction with public bodies not working for a profit. It is necessary, however, for public authorities to show that any...
Citation pending | 1937-10-29
LAWRENCE J. This an appeal from a decision of the Board of Referees restoring a direction of the special commissioners that, for the purposes of the a ssessment of sur-tax, the actual income of the a ppellant company...
10 and Special Scotch whisky they will purchase all their requirements of bulk Scotch whisky from B. Davis | 1937-10-21
There is a very common practice of a ppointing sole a gents for special a reas, and such a ppointments generally contain a term under which the agent has to “push” the sale of the subject of the a gency. The present...
Citation pending | 1937-10-18
the a ssessment should be reduced a ccordingly. It was contended on behalf of the a ppellant, inter a lia that: (a) the a ssessment did not involve double taxation, in that the respondent and the company were...
Citation pending | 1937-07-30
Appeal by way of case stated from a decision of the Commissioners for the Special Purposes of the Income Tax Acts dismissing an appeal against an a dditional a ssessment to sur-tax in the sum of £19,425 for the year...
Citation pending | 1937-07-22
SIR WILFRID GREENE MR. This is an appeal by the plaintiff in the action from a judgment of Simonds J, delivered upon the hearing of a motion, which, by a greement between the parties, was treated as the trial of the...