Author Archives: dls
Smith -v- Mules; 17-Feb-1852
A. and B. and the son of B. entered into partnership as solicitors, and by articles agreed that the partners were diligently and faithfully to employ themselves in carrying on and managing all the professional business in which they or … Continue reading
Filed under Company, Legal Professions
Hong Kong Fir Shipping Co -v- Kawasaki Kisen Kaisha Ltd; CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, and that … Continue reading
Entores Ltd -v- Miles Far East Corporation; CA 1955
The plaintiff traded from London, and telexed an offer to purchase cathodes to a company in Holland, who signified their acceptance by return, again by telex. Entores later wanted to sue the defendant, the parent company of the dutch party. … Continue reading
Filed under Contract
H & R Ecroyd -v- Commission; ECFI 20-May-1999
ECFI Preliminary rulings – Assessment of validity – Declaration that a regulation is invalid – Effects – Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions – Scope – Compensation for … Continue reading
Filed under Agricultire, European
The Queen -v- Ministry of Agriculture, Fisheries and Food, ex parte Ecroyd Limited; ECJ 6-Jun-1996
The competent national authority had no duty under Regulation No 857/84, as amended by Regulation No 764/89, and in particular under Article 3a(1) thereof, to award a provisional special reference quantity exempt from the additional levy on milk to a … Continue reading
Filed under Agriculture, European
Bunge Corporation (New York) -v- Tradax Export Sa (Panama); HL 25-Feb-1981
The fob contract for the sale of goods required the buyers to give notice of the probable readiness of the ships on which the goods were to be carried. The notice was given four days too late. The sellers declared … Continue reading
Steedman -v- William R Drinkle and Another; PC 21-Dec-1915
(Saskatchewan) Land in Canada was purchased under an agreement, where the price was to be paid by one initial payment and annual instalments. If the purchaser was to default on any payment, the vendor was free to cancel the agreement … Continue reading
Filed under Commonwealth, Equity, Land
Peabody Donation Fund -v- Hay; CA 1986
After a warrant for possession has been executed, the court’s inherent jurisdiction to re-instate a tenant is available only where the original judgment is set aside or there is shown to have been some abuse of process in the obtaining … Continue reading
Filed under Housing, Landlord and Tenant
Peabody Donation Fund -v- Sir Lindsay Parkinson & Co Ltd; HL 18-Oct-1983
Architects proposed a system of flexible drains for a site, but the contractors persuaded them to accept rigid drains which once laid proved inadequate at considerable cost. The local authority permitted the departure from the plans.Held: The true question to … Continue reading
Filed under Negligence
Photo Production Ltd -v- Securicor Transport Ltd; HL 14-Feb-1980
The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the … Continue reading
Filed under Contract
