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Flower v Lloyd: CA 11 Jun 1877

The plaintiffs tried to restrain the defendant from infringing their patent. They succeeded at first instance but the order was overturned on appeal. An expert went to inspect the process at the defendant’s works. Later, employees gave affidavits suggesting that, on that visit, the defendant had fraudulently concealed a part of the process. The plaintiffs … Continue reading Flower v Lloyd: CA 11 Jun 1877

Cox v Hakes: HL 5 Aug 1890

No Appeal from Order granting Habeas Corpus Where a person has been discharged from custody by an order of the High Court under a habeas corpus the Court of Appeal has no jurisdiction to entertain an appeal. So held by Lord Halsbury L.C. and Lords Watson, Bramwell, Herschell, and Macnaghten, Lords Morris and Field dissenting. … Continue reading Cox v Hakes: HL 5 Aug 1890

Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924

The parties, the plaintiff who was the equitable assignee of performing rights and the infringing defendant, joined specific issue on the absence of the legal owner of the rights. Held: His absence was critical. PRS failed to obtain a perpetual injunction against music hall proprietors to prevent unlicensed public performances of ‘the Devonshire Wedding’ and … Continue reading Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924

AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014

Bank not to recover more than its losses The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to be secured by … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014

Ex parte Pulbrook: QBD 11 Mar 1892

A judge in chambers gave permission pursuant to the Law of Libel Amendment Act 1888 to bring proceedings for criminal libel. The proposed defendant sought to appeal. This raised the question whether the order was made in ‘criminal proceedings’ . .

Matthews v Usher: CA 1900

Section 25(5) of the 1873 Act did not give to a mortgagor any power of re-entry or right of forfeiture which he did not have before the Act. Romer LJ described the mortgagor’s position before the 1873 Act: ‘He had certain equitable rights and . .

British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd: ChD 19 Dec 1978

Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage by the breach rather than paid money to remedy it, an equitable … Continue reading British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd: ChD 19 Dec 1978

Turner v Walsh: CA 1909

The landlord sought to enforce the tenant’s repairing covenants. After the tenancy had been created, he had charged his interest. The tenant said that, since the lessor had conveyed his interest by way of mortgage, the right to sue lay exclusively . .