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Case Law
5000 cases across 17 courts
5000 cases
[2024] GHACC 353 | 2204-12-20
This judgment outlines the legal principle that when an accused person pleads not guilty to a criminal charge, the prosecution bears the burden of proving their guilt beyond a reasonable doubt. It emphasizes the...
99. They have
RUSSELL LJ read the following judgment of the court. In 1970 the defendants owned what was in effect the four year remains of a lease of 99 Southwark Street, London SE1, the freeholders being the Crown Estate...
Citation pending
McNair J in a considered judgment, held, a pplying Gliksten (J) & Son Ltd v Green ([1929] AC 381), that these sums were part of the “turnover of the company ’ s a nnual business,” which must be taken to include all...
Citation pending
The plaintiff a pplied to the court by originating summons issued in November, 1964, for a declaration that a sum of about £165, which represented compensation payable to commoners by reason of requisition of a common...
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The practice of a public local inquiry is not bound by the strict rules of court procedure, and no doubt statements by counsel or parties are often received a lthough not supported by strict proof on oath. It is open,...
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have a fair rent registered for the flat on the basis that they were tenants of the flat but the a ppellant obtained a declaration that they were merely licensees and not tenants. Three of the occupants a ppealed to...
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In 1962, the a ppellants a cquired a terraced house and converted it into flats. The basement flat with garden was let to a tenant at £600 per a nnum exclusive of rates but inclusive of the use of the a ppellants ’...
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This was an action by the plaintiff, Norman William Angel, claiming damages from H H Bushell & Co Ltd and Herbert Henry Bushell, for libel a lleged to be contained in a letter dated 9 July 1962, sent by the second...
Citation pending
the hotel Nos 119 and 121, Wigmore Street, upon the terms of clause 3 of this a greement, and on 29 September of this year the defendants will become entitled to the residue of the terms granted by the two leases to...
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John Michael Gibb, by a notice of appeal dated 6 December 1993, a ppealed with leave from the decision of Harrison J made on 3 November 1993 whereby he ordered that the a ppellant ’ s motion for judicial review of...
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Held – Where time was not of the essence in serving a landlord ’ s notice for a rent review under a lease, mere delay by the landlord in serving notice, however lengthy and even if coupled with hardship to the tenant,...
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A company was incorporated in Malaysia in 1960 with the principal object of carrying on a tobacco business. Its memorandum of a ssociation covered a wide variety of objects including the granting of licences over, and...
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Appeal by the landlords from an order of His Honour Judge Leon, made at Clerkenwell County Court on 17 July 1950, whereby he refused to grant an order for possession on the ground that the defendant, the daughter of...
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The claimant provided trading services to the second defendant company. It developed concerns about the integrity of the second defendant, in particular about receipt of large sums of money from companies connected to...
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Frederick Charles Shave (thereinafter together called “the borrowers”), of the one part, and the plaintiff, of the other part. By the said legal charge the borrowers charged the said land and premises by way of legal...
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In March, 1964, a local authority made a direction under s 19(1)a of the Housing Act, 1961, fixing as five the maximum number of persons who might live in a certain house in its existing condition. The court a ssumed...
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By writ issued on 13 February 1975 in the Haverfordwest District Registry and a mended pursuant to an order of the district registrar dated 22 May 1975, the plaintiff, Elsie May Allen, the occupier of premises at 20...
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An action in which the existence of an easement over land is directly in issue and the plaintiff claims relief requiring work to be done on the land is ‘ an action … relating to … [an] interest in … [that] land ’ and...
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28 November. In an appeal to the House of Lords brought by the plaintiff, Allen & Hanburys Ltd (Allen & Hanburys), with the leave of the Court of Appeal and a cross-appeal by the defendant, Generics (UK) Ltd...
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Court of Appeal – Evidence – Further evidence – Principles on which received – Application for judicial review – Applicant seeking order of certiorari to quash decision of immigration officer – Judge refusing a...
2 Act 1940 Section 21
commissioners and their solicitor to obtain a dvice; (class 2(b)(i)) communications between the commissioners and their solicitor in a nticipation of litigation so as to provide evidence and information for the a...
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The questions for the opinion of the High Court were (i) whether a purse seine net was being used in fishing for sea fish after it had been pursed so that no more fish could be caught, but whilst it was being relied on...
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Magistrates – Information – Hearing two or more together – Consent of defendant – Separate informations against two or more defendants – Whether court having power to hear informations together without consent of...
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Held – There was no reason in principle why employees should not have the protection of TUPE when their employers, who did not operate for profit the undertaking in which they were employed, transferred that...
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Arbitration – Stay of court proceedings – Dispute as to existence of a rbitration a greement – Claimant bringing proceedings against defendant – Joint venture a greement providing for a rbitration – Claimant contending...
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For a period of eight years Q had regularly carried fellow dockers in his car to their place of work at the docks. It was a regular and understood a rrangement between Q and his passengers that they would pay to him...
4 stock room
A company carried on business as paper manufacturers at premises which included two stock rooms. Owing to the restriction of business at the outbreak of war the company no longer required the use of the two stock...
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Magistrates – Procedure – Complaint – Hearing – Unsworn statement by defendant – Admissibility – Matrimonial proceedings – Magistrates ’ Courts Rules 1968(SI 1968 No 1920), rr 13(2), 14(2).
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Held – Costs incurred before the commencement of proceedings might be ‘ properly recoverable ’ if the costs were reasonably incurred in order to obtain material that was, or would have been but for the settlement of...
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At a local bingo club players bought a bingo ticket for 1s. at the first game of each session. Sixpence of this was paid by way of stake on the house, game, which was conducted in the club, and sixpence was retained by...
2
In 1958 the defendants undertook to treat dry-rot in a dwelling-house. They gave the following “guarantee”: “[The defendants] guarantee the efficacy of the treatment they apply to timber or masonry for the eradication...
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Held – Even if the birth of a child resulted from medical negligence, damages were not recoverable to compensate for the cost of rearing a healthy child. In the instant case, the costs of rearing the child were not ‘ a...
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The plaintiffs were an English company, carrying on business in England. They manufactured special automatic equipment for conveying goods, known as the ‘ lo-tow ’ system, under a licence from an American corporation,...
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The landlord a pplied for an order under s 10a of the Rent Act 1968 for possession of the premises comprising the second floor of a dwelling-house which was subject to a statutory tenancy under the Act, on the ground,...
Nor do I believe
Malicious Prosecution – Reasonable and probable cause for prosecution – Need to take steps to obtain information – Admissible evidence only to be considered – Need for legal a dvice – Weight to be a ttributed to...
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The a ppellants lived in a leasehold house purchased as a home for them by the first a ppellant ’ s son in his own name for £34,000 with the aid of a mortgage of £25,000 provided by the respondent building society, the...
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After the first war a club was formed of ex-servicemen called the Old Comrades Club which a fterwards became known as the British Legion club. The club had a set of rules to govern its a ffairs but those rules...
235 of May 16
A settlement order was issued under the Palestine Land Settlement Ordinance, s 3, that a settlement of rights in land and registration thereof should be effected in the are a included within the boundaries of, inter a...
1 for pupils to be suspended or expelled
The claimant, A, a child of compulsory school age, claimed damages for breach of his right to education under art 2 of Pt II of Sch 1 to the Human Rights Act 1998 against the defendant, the head teacher and governors...
3 Mill Lane
including the work on the wall, at a cost not exceeding £3,200 were obtained by the plaintiffs. On 9 August 1948, the defendant paid a further sum of £500. The plaintiffs claimed that the £1,500 paid by the defendant...
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This was an appeal by the defendant, Brendan Campbell, against the judgment of Wien J ([1977] 1 AllER 138) given on 29 March 1976 whereby it was a djudged that judgment be entered for the plaintiffs, A R Dennis & Co...
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day before the passing of a resolution for the voluntary winding-up of the company. On the facts the Special Commissioners found that there had been no unreasonable withholding of the company ’ s income from...
I myself have difficulty with the a rgument
[14] The tenants took the view that the counter-proposed price was so high as to be ‘ unrealistic ’ , and, instead of seeking resolution of the issue by a pplication to a leasehold valuation tribunal under the...
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It has for some years been the practice to regard a pplications relating to children in High Court matrimonial proceedings as automatically reserved to the judge who first deals with the matter, unless in any...
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Company – Compulsory winding up – Restraining presentation of petition – Practice – Applications to restrain presentation of winding-up petition to be made by originating motion in Companies Court.
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Held (Millett LJ dissenting) – While insults which did not diminish a person ’ sstanding among other people did not found an action for libel or slander, words were capable of being defamatory of a plaintiff if they...
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Action by Mrs Agnes Emily de la Poer Beresford, niece and a dministratrix of the late Major Charles William St John Rowlandson, against the Royal Insurance Co Ltd, for £42,469 1s 10d being £50,000 less loans, upon a...
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Held – It was contrary to public policy for the wife to promise that she would not “procure suggest assist or encourage” the taking of proceedings for maintenance on behalf of her child under s 193(1) of the Supreme...
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The right of a deserted wife to stay in the matrimonial home proceeds out of an irrevocable personal licence which the husband is presumed in law to have conferred on her. Her occupation is comparable with that of a...
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Ben-Odeco Ltd ( ‘ the taxpayer company ’ ) a ppealed against the decision of Brightman J ([1978] 1 AllER 913, [1978] 1 WLR 365, [1978] STC 111) dated 18 November 1977 dismissing its appeal by way of case statedb from a...