In re Waring, Westminster Bank v Burton-Butler: ChD 1948

(i) an annuitant under a will was bound by a decision of the Court of Appeal in earlier litigation, where the will trustees and he were parties, as to the effect of tax legislation on his rights, but (ii) another annuitant was entitled to rely on a subsequent, more favourable, decision of the House of Lords on the point in a different case, because he had not been a party to the earlier litigation.

Judges:

Jenkins J

Citations:

[1948] Ch 221

Jurisdiction:

England and Wales

Cited by:

CitedVirgin Atlantic Airways Ltd v Zodiac Seats UK Ltd SC 3-Jul-2013
Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Litigation Practice

Updated: 04 June 2022; Ref: scu.535290