Joseph Constantine SS Line Ltd v Imperial Smelting Corp Ltd: 1942

Before a court, he who asserts something must must prove it: ‘Ei qui affirmat non ei qui negat incumbit probatio’
Lord Wight discussed the question of whether there had been ‘a vital change of the law . . Operating on the circumstances.’

Judges:

Visc. Maugham, Lord Wight

Citations:

[1942] AC 154, 57 The Times LR 485

Jurisdiction:

England and Wales

Cited by:

CitedOffice of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
CitedBritish Movietone News Limited v London and District Cinemas Limited HL 26-Jul-1951
Film distributors contracted to supply newsreels at a cinematic theatre. The contract was for a minimum of 26 weeks, and after on termination by the distributors on four weeks notice thereafter, but by the cinema on four weeks after the first month. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 22 August 2022; Ref: scu.267121