A Gaming Club, Crockfords, sought the restoration of its gaming licence. It had historically found ways of circumventing the earlier Gaming Acts restrictions. The 1968 Act created the Gaming Board to assess their probity. They challenged the refusal saying that the hearing had not observed the rules of natural justice.Lord Denning MR said: ‘Seeing the … Continue reading Regina v Gaming Board for Great Britain, ex Parte Benaim: CA 23 Mar 1970
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the plaintiff rented to the defendant a roulette table, together with copies of a book of rules, for use in a club. The rules stated that a charge of sixpence was payable on any bet before the croupier spun the wheel. Using a roulette table in a club in that way was an offence under … Continue reading J M Allan (Merchandising) Limited v Cloke: CA 1963
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995
When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make assumptions about the roles taken by the parties according to their sex, and the … Continue reading Cowan v Cowan: CA 14 May 2001
The respondent Mann practiced as a solicitor in partnership with Richardson. They kept a ‘trust account’ in the partnership name with the Australian and New Zealand Bank in Sydney (‘ANZ’). Under the partnership agreement, all assets belonged to Mann, but cheques might be drawn on the partnership bank account by either. Mann gave the necessary … Continue reading Commercial Banking Co of Sydney Ltd v Mann: PC 1961
Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001
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