The goodwill of a business can be taken to have been abandoned where for example a business is discontinued, with no prospect of restarting, and its assets are broken up and sold. It was not possible for the claimant to obtain an injunction restraining the sale by another manufacturer of his goods so as to … Continue reading Pink v Sharwood: 1913
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The House considered what was required to establish an ‘intent to defraud’. Held: Lord Radcliffe said: ‘Now, I think that there are one or two things that can be said with confidence about the meaning of this word ‘ defraud ‘. It requires a person as its object: that is, defrauding involves doing something to … Continue reading Welham v Director of Public Prosecutions: HL 1961
A search warrant had been obtained under the 1913 Act. The court considered the existence of a tort of obtaining a search warrant maliciously.Waller LJ discussed the problem facing police officers when a large volume of material were to be examined: ‘To do a detailed examination in the house would no doubt have required several … Continue reading Reynolds v Commissioner of Police of the Metropolis: 1985
A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, vested in trustees for his children. After his death, the … Continue reading Foskett v McKeown and Others: HL 18 May 2000
Lord Goddard said that although it was clear that a false entry made into an accounting register or a wrongful alteration of a register would clearly be an offence within section 1, it remained an open question as to whether a failure to make an . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .