The Trustees Of The British Museum v White: 20 Feb 1828

Citations:

[1828] EngR 426, (1828) 3 Car and P 289, (1828) 172 ER 424

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – The Trustees Of The British Museum v White 8-Jul-1826
William White, deceased, devised a freehold estate to trustees, in trust to sell it, and pay the proceeds, together with his residuary personal estate, to the Trustees of the British Museum, to be by them employed for the benefit of that . .

Cited by:

See Also – White v Trustees Of The British Museum 1829
. .
Lists of cited by and citing cases may be incomplete.

Charity

Updated: 04 December 2022; Ref: scu.323190

The Duke of Bedford v British Museum: 6 Jul 1822

Citations:

[1822] EngR 456, (1822) 1 Coop T Cott 90, (1822) 47 ER 761 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – The Duke of Bedford v The Trustees of The British Museum 6-Jul-1822
Where land is conveyed in fee, by deed of feoffment, subject to a perpetual ground rent, and the feoffee covenants for himself, his heirs and assigns, with the feoffor, the owner of adjoining lands, his heirs, executors, administrators, and assigns, . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.329349

White v Trustees Of The British Museum: 1829

Citations:

[1829] EngR 254, (1829) 6 Bing 309, (1829) 130 ER 1299

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – The Trustees Of The British Museum v White 8-Jul-1826
William White, deceased, devised a freehold estate to trustees, in trust to sell it, and pay the proceeds, together with his residuary personal estate, to the Trustees of the British Museum, to be by them employed for the benefit of that . .
See Also – The Trustees Of The British Museum v White 20-Feb-1828
. .
Lists of cited by and citing cases may be incomplete.

Charity

Updated: 04 December 2022; Ref: scu.322122

Primary Health Investment Properties Ltd and others v Secretary of State for Health and others: Admn 24 Mar 2009

Challenge to the dispute resolution procedure adopted under the NHS (Personal Medical Services Agreements) Regulations 2004 (and applied in this case by agreement between the Doctors and the PCT) for determining the ‘current market rent’ of the Premises. In particular, challenge is made to the procedure for resolving the rent dispute between the parties as set out in letters dated 30 July and 14 September 2007 from the Appeal Unit to the Doctors’ surveyor.

Judges:

McCombe J

Citations:

[2009] EWHC 519 (Admin), [2009] LS Law Medical 315, [2009] PTSR 1563, [2009] ACD 57, [2009] NPC 52

Links:

Bailii

Statutes:

NHS (Personal Medical Services Agreements) Regulations 2004

Jurisdiction:

England and Wales

Health Professions

Updated: 04 December 2022; Ref: scu.324658

Malcomson v O’Dea: 1863

In considering a claim to have acquired a right by prescription it is relevant to investigate acts of ownership asserted in relation to the right which is claimed as well as acts of enjoyment or user of the right.

Citations:

(1863) 10 HLC 592

Jurisdiction:

England and Wales

Cited by:

Cited – Barton v The Church Commissioners for England ChD 15-Dec-2008
The commissioners claimed a right by prescription to all fish to be taken in a stretch of the River Wye. The claimant was to moor a barge on the river.
Held: The court explained the nature and legal status of fisheries in the law going back to . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.279922

L Morgan and Co v Jenkins O’Dowd and Barth: 19 Nov 2008

Blackburne J had previously made an order compelling the Defendants to perform undertakings to redeem mortgages over three residential flats which they had given in the course of acting as solicitors for the sellers of those flats. A dispute had subsequently arisen with the sole mortgagee of all three flats as to the amount required to redeem. Ultimately, the Bank’s position was that it was prepared to redeem its charges over the three flats in return for the total sale proceeds of all three of them. The Defendants applied for the trial of an issue as to the sums that they should be required to pay in order to secure the release of the charges, and to join the Bank as a party to the proceedings so as to ensure that it was bound by the outcome of the trial of that issue.
Held: The application was dismissed as misconceived. The Bank was an entirely innocent third party, with no notice or knowledge of the undertakings given by the Defendants who had no cause of action against the bank.

Judges:

Henderson J

Citations:

Unreported, 19 November 2008, [2008] EWHC 3411 (Ch)

Jurisdiction:

England and Wales

Cited by:

Cited – Angel Solicitors v Jenkins O’Dowd and Barth ChD 19-Jan-2009
Actions were brought to enforce undertakings given by solicitors to redeem mortgages on the sale of properties, and as to redemption figures provided by lenders who then refused to release the properties. The solicitors had replied to standard form . .
Cited – Thames Valley Housing Association Ltd and Others v Elegant Homes (Guernsey) Ltd and Others ChD 27-Oct-2009
The claimant sought to enforce against the defendant’s solicitors an undertaking given by them. The claimant contracted to buy property subject to a charge in favour of the third defendant bank securing loans over other property. The bank gave no . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 04 December 2022; Ref: scu.280050

Regina v Padola: 1959

Lord Parker CJ said: ‘In our judgment the direction given by Alderson B. is not intended to cover and does not cover a case where the prisoner can plead to the indictment and has the physical and mental capacity to know that he has the right of challenge and to understand the case as it proceeds.’

Citations:

[1959] 43 Cr App R 220

Jurisdiction:

England and Wales

Cited by:

Cited – Moyle v Regina CACD 18-Dec-2008
The defendant appealed from his conviction for murder. He said that he had not been fit to plead at the time of the trial. A medical report had said that whilst his responsibility was impaired, it had not been substantially so. The report warned of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.279855

Raats v Gascoigne Wicks: 22 May 2006

(New Zealand High Court) The claimant sought an order to restrain her former solicitors from acting against her in a matter for a new client.
Held: There may be a jurisdiction for a court to exercise its inherent control over solicitors to prevent them continuing to act for one client where they had formerly acted for two together.

Citations:

[2006] NZHC 598

Links:

NZlii

Jurisdiction:

England and Wales

Cited by:

Cited – Winters v Mishcon De Reya ChD 15-Oct-2008
The claimant sought an injunction to prevent the defendant firm of solicitors acting for his employers against him. He said that they possessed information confidential to him having acted for him in a similar matter previously. The solicitors . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 04 December 2022; Ref: scu.276933

In Re Carr’s Patent: 14 Jan 1873

In circumstanes showing a want of adequate remuneration, an extension of the term of Letters Patent granted for six years.
In estimating the profits derived from the Patent, the Judicial Committee mill take into consideration a deduction. from the profits of the Patent for the personal expenses of the Patentee for the exclusive devotion of his time in bringing the Patent into practical operation and public notice.

Citations:

[1873] EngR 2, (1873) 9 Moo PC NS 379, (1873) 17 ER 556

Links:

Commonlii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 04 December 2022; Ref: scu.280086

In Re Blake’s Patent: 14 Jan 1873

EngR A Patent was first, taken out in America, afterwards in England, and two days after the date of the English Patent the invention was patented in France. The French patent was allowed to drop. On an application for prolongation of the English Patent,
Held: Following Winan’s Patent (8 Moore’s P.C. Cases, (NS) 306; S.C. Law Rep. 4 P.C. 93)-that, although the Judicial Cominittee might have jurisdiction under the 25th section of the 15th and 16th Vict c 83, to entertain the application, yet, on the ground of public policy, as the French Patent had been allowed to expire, they would not in the exercise of the discretion vested in them, reoommend the extension of the term of the English Patent.

Citations:

[1873] EngR 1, (1873) 9 Moo PC NS 373, (1873) 17 ER 554

Links:

Commonlii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 04 December 2022; Ref: scu.280085

Regina v Hussein: CACD 16 Dec 2005

Whether a procedural mistake might lead to the need for a venire de novo.

Citations:

[2005] EWCA Crim 3556

Jurisdiction:

England and Wales

Cited by:

Cited – Norman, Regina v CACD 31-Jul-2008
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 December 2022; Ref: scu.279810

B v Secretary of State for the Home Department: SIAC 30 Jul 2008

Appeal against an order made by the Secretary of State that it will be conducive to the public good that he should be deported, on the grounds that his removal is in the interests of national security. The appellant said that he would not be safe if he was deported to Algeria. The authorities there did not accept his identity, which the appellant refused to disclose.
Held: The Secretary of State’s case on the risk to national security had been made out. SIAC concluded that, notwithstanding his mental health difficulties, B had played a leading role in facilitating communications for Algerian terrorists, as well as being responsible for the procurement of false documentation and high technology equipment. The hearing of the case on safety on return did not take place at that time because of the unresolved question of B’s true identity.

Judges:

Newman J

Citations:

[2008] UKSIAC 9/2005

Links:

Bailii

Statutes:

Immigration Act 1971 3(5)

Jurisdiction:

England and Wales

Cited by:

At SIAC – B v The Secretary of State for The Home Department CA 6-May-2015
The appellant was detained under immigration rules. He refused to provide details of his nationality and now complained of his continuing detention in the light of a finding that he was unlikely to be returnable to Algeria, that being what was . .
At SIAC – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .
Lists of cited by and citing cases may be incomplete.

Immigration, Crime

Updated: 04 December 2022; Ref: scu.295107

Raymond Saul and Co (A Firm) v Holden and Another; In re Hemming (deceased): ChD 12 Nov 2008

The claimant was sole residuary legatee of his mother’s estate. He became bankrupt, but was released by automatic discharge from the bankruptcy before the administration of the estate was completed. He challenged the solicitors who wished to pay the estate to his trustee.
Held: The value of the estate was payable to the trustee in bankruptcy. Once the right vested in the trustee, it could not revert to the bankrupt on release. ‘ the Trustee has never had any proprietary interest in Mrs. Hemming’s half-share of the cottage, or in the proceeds of sale of that specific property. Accordingly, if and to the extent that the Trustee asserted any present entitlement to the proceeds of sale in the hands of Raymond Saul and Co., that claim was unjustified. ‘

Judges:

Richard Snowden, QC

Citations:

[2008] EWHC 2731 (Ch), Times 09-Dec-2008, [2008] WTLR 1833, [2008] NPC 122, [2009] 2 WLR 1257, [2009] Ch 313

Links:

Bailii

Statutes:

Insolvency Act 1986 283(1) 306(1) 436

Jurisdiction:

England and Wales

Citing:

Cited – Sudeley v Attorney-General HL 1897
The husband had died leaving part of his residuary estate to his widow. She then died before the estate was fully administered. Both died domiciled in England. The husband’s estate included mortgages of land in New Zealand and the House was asked . .
Cited – Dr Barnardo’s Homes National Incorporated Association v Commissioners for Special Purposes of the Income Tax Acts HL 14-Mar-1921
A testator had left his residuary estate to a charity. His estate included some investments. During the course of the administration of the estate, the executors received income from the investments on which tax had been deducted at source. The . .
Cited – Commissioner of Stamp Duties (Queensland) v Livingston PC 7-Oct-1964
A testator had died domiciled in New South Wales and with real and personal property both in New South Wales and in Queensland. He left one-third of his real and personal estate to his widow absolutely. She then died intestate, also domiciled in New . .
Cited – Marshall (Inspector of Taxes) v Kerr HL 30-Jun-1994
A settlor by will was deemed to have had an interest as funds were passed to a Jersey Trust. The section merely made or allowed that a variation of a will would not be a taxable event in UK law. It had no other effects. A deed of family arrangement . .

Cited by:

Principal judgment – Raymond Saul and Co (A Firm) v Holden and Another ChD 16-Dec-2008
. .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Insolvency

Updated: 04 December 2022; Ref: scu.277939

Agency Co Ltd v Short: 1888

Where there has been insufficient adverse possession, it ‘does not leave behind it any cloud on the title of the rightful owner.’

Citations:

(1888) 13 AC 793

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts v Swangrove Estates Ltd and Another ChD 14-Mar-2007
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.267400

Regina v Board of Visitors of Gartree Prison, Ex parte Sears: 14 Mar 1985

A prisoner sought damages in respect of cellular confinement and loss of privileges.
Held: Mann J. said: ‘If a person is imprisoned in a place where he is lawfully so imprisoned, then it does not seem to me that a variation in conditions of confinement can constitute the tort of false imprisonment at common law.’

Citations:

Times 20-Mar-1985

Jurisdiction:

England and Wales

Cited by:

Cited – Middleweek v The Chief Constable of Merseyside (Note) CA 1990
The plaintiff had been awarded damages for false imprisonment by the jury on the basis that his otherwise lawful detention at a police station had been made unlawful because it was unreasonable in the circumstances to keep him in a police cell.
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Lists of cited by and citing cases may be incomplete.

Prisons, Torts – Other

Updated: 04 December 2022; Ref: scu.271100

Anon: 1661

An indictment for perjury or forgery was not to be quashed on a motion of insufficiency without a trial of the issues.

Citations:

(1661) 1 Sid 54, (1661) 86 ER 237

Jurisdiction:

England and Wales

Crime

Updated: 04 December 2022; Ref: scu.272776

Weare v Adamson: 1583

An information was laid in the name of the Queen. The defendant requested a non-suit saying that she had not appeared at court.
Held: The objection failed. The Queen was deemed ‘always present’ in court.

Citations:

[1583] Sav 56, (1583) 123 ER 1010

Jurisdiction:

England and Wales

Litigation Practice, Constitutional

Updated: 04 December 2022; Ref: scu.273043

McAuliffe v The Queen: 28 Jun 1995

Austlii (High Court of Australia) Criminal Law – Murder – Complicity – Common purpose to assault victim – Death – Direction that jury might convict if satisfied accused contemplated that intentional infliction of grievous bodily harm possible incident of joint enterprise.

Citations:

(1995) 69 ALJR 621, [1995] HCA 37, (1995) 130 ALR 26, (1995) 183 CLR 108

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Rahman and Others, Regina v HL 2-Jul-2008
The defendants appealed against their convictions for murder. None had themselves inflicted any violence, but were convicted as part of a joint enterprise. They said they had not known that the principal carried a knife. They said that the evidence . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.270891

Trustees of West London Methodist Mission v Holborn Borough Council: 1958

Citations:

(1958) 3 RRC 86

Jurisdiction:

England and Wales

Cited by:

Cited – Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints HL 30-Jul-2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a . .
Lists of cited by and citing cases may be incomplete.

Rating

Updated: 04 December 2022; Ref: scu.272220

Wright v Mills: 1859

A judgment was signed when the Court’s offices opened at 11 am but the defendant had died at 9.30 the same morning. The Court held that the judgment was regular, applying the rule that judicial acts, being acts of the Crown, have precedence over private transactions which take place on the same day. The application of the rule did not not necessarily involve any fiction as to the time when the act and the transaction respectively occurred.

Judges:

Pollock CB and Watson B

Citations:

(1859) 4 HN 488

Jurisdiction:

England and Wales

Citing:

Applied – Edwards v Regina CExc 1854
The process of execution in respect of a Crown debt prevailed over the transfer of the personal estate of a bankrupt to an official assignee which took place earlier on the same day. Significantly, the Court’s judgment added that even if the . .

Cited by:

Cited – Re Palmer (A Deceased Debtor), Palmer v Palmer CA 6-Apr-1994
Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 December 2022; Ref: scu.267519

Giuseppe Sidoli’s Case: 1833

The court considered the validation of the indictment under the grand jury system.

Citations:

[1833] 168 ER 957, (1833) 1 Lewin 55

Jurisdiction:

England and Wales

Cited by:

Cited – Clarke, Regina v; Regina v McDaid HL 6-Feb-2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence.
Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 04 December 2022; Ref: scu.267615

Bonham and Another v Fishwick and Another: CA 16 Apr 2008

Whether the respondent trustees would be entitled to rely in their defences on the clause in the trust deed exempting them from liability for breach of trust, except in the case of ‘wilful and individual fraud or wrongdoing’ on the part of the trustee who is sought to be made liable. Fraud is not alleged. Wilful individual wrongdoing is alleged.

Citations:

[2008] EWCA Civ 373

Links:

Bailii

Jurisdiction:

England and Wales

Trusts

Updated: 04 December 2022; Ref: scu.266872

Candy v Jubber: 1865

The plaintiff had been injured by a defective iron grating which was out of repair so as to amount to a nuisance. The property was occupied by a yearly tenant but the claim was brought against the reversioner, who was held liable by the Court of Queen’s Bench. The defendant appealed to the Court of Exchequer Chamber on the ground that it was not alleged that the defendant knew of the nuisance, nor that it had existed prior to the commencement of the yearly tenancy.
Held: A tenancy from year to year, however long it continues, is a single term, not a series of separate lettings. The case was settled, but in the undelivered judgment Erle CJ said: ‘There frequently is an actual demise from year to year so long as both parties please. The nature of this tenancy is discussed in 4 Bac. Arb. tit. Leases and Terms for Years . . and this article has always been deemed to be the highest authority being said to be the work of Chief Baron Gilbert. It seems clear that the learned author considered that the true nature of such a tenancy is that it is a lease for two years certain, and that every year after it is a springing interest arising upon the first contract and parcel of it, so that if the lessee occupies for a number of years, these years, by computation from time past, makes an entire lease for so many years, and after the commencement of each new year it becomes an entire lease certain for the years past and also for the years entered on, and that it is not a reletting at the commencement of the third and subsequent years. We think this is the true nature of a tenancy from year to year created by express words, and that there is not in contemplation of law a recommencing or reletting at the beginning of each year’.

Judges:

Erle CJ

Citations:

(1865) 9 B and S 15

Jurisdiction:

England and Wales

Cited by:

Cited – Hammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.272275

Thomson v James: 1855

Lord President McNeill discussed the postal rule in the law of contract: ‘By putting the letter of acceptance into the post office, the offeree did just what he had been invited to do, and all that it was incumbent on him or possible for him to do by way of acceptance, by the mode of communication which he was authorised, if not invited by the offeror to adopt.’

Judges:

Lord President McNeill, Lord Deas

Citations:

(1855) 18 D 1

Jurisdiction:

Scotland

Cited by:

Cited – Carmarthen Developments Ltd v Pennington SCS 24-Sep-2008
carmarthen_penningtonSCS2008
Contracts had been entered into for the sale of plots of land, which were conditional on planning permissions being approved by the purchaser. The buyer could waive the conditions to remove the sellers’ rights to resile. The buyer obtained the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 December 2022; Ref: scu.276446

Cope v Rowlands: 1836

The court considered te situation of entry into a contract by a person under a statutory prohibition. Parke B said: ‘It is perfectly settled that where the contract which the plaintiff seeks to enforce, be it express or implied, is expressly or by implication forbidden by the common or statute law, no court will lend its assistance to give it effect.’

Judges:

Parke B

Citations:

(1836) 2 M and W 149

Jurisdiction:

England and Wales

Cited by:

Cited – Hughes v Asset Managers Plc CA 13-May-1994
The appellants had entered into discretionary investment management agreements wth the respondent. The investments made a substantial losss which the appellants sought to recover, saying that the agreements were void under the 1958 Act.
Held: . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 December 2022; Ref: scu.267378

Hulme v Brigham: 1943

Citations:

[1943] 1 All ER 204, [1943] 1 KB 152

Jurisdiction:

England and Wales

Cited by:

Cited – Re Hi-Fi Equipment (Cabinets) Limited ChD 11-Jun-1987
The company had charged by way of a first fixed charge all future freehold and leasehold property together with trade fixtures and otherwise. The company used heavy machinery which rested on the floor of its premises. The chargee claimed a fixed . .
Lists of cited by and citing cases may be incomplete.

Banking

Updated: 04 December 2022; Ref: scu.272307

Cipla Ltd and others v Glaxo Group Ltd; Glaxo Group Ltd’s Patent: PatC 19 Mar 2004

Judges:

Pumfrey J

Citations:

[2004] EWHC 477 (Pat), [2004] EWHC 477 (Ch), [2004] RPC 43, (2004) 27 IPD 27060

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Brugger v Medic-Aid Ltd (No 2) ChD 1996
B alleged infringement by M of its patented nebulizer. M replied saying that the claims failed for obviousness. Features of the nebulizer were admittedly old and well known, but the claimant asserted a new mechanism which reduced the size of the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 December 2022; Ref: scu.266600

GO (Nigeria) and HZ (Iran) v Secretary of State for the Home Department: CA 1 Feb 2008

Application for leave to appeal.

Judges:

Buxton LJ

Citations:

[2008] EWCA Civ 169

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Leave – GOO, EO and others v Secretary of State for the Home Department CA 1-Jul-2008
The court asked what are the legal consequences if a foreign student who has obtained leave to enter or remain in order to follow a named course embarks on a different course or fails the course examinations?
Held: There was no objection to a . .
Lists of cited by and citing cases may be incomplete.

Immigration, Education

Updated: 04 December 2022; Ref: scu.266127

The Herald and Weekly Times Ltd v Federal Commissioner of Taxation: 21 Nov 1932

(High Court of Australia) The taxpayer newspaper sought to set off against its liability to income tax, sums which it had paid out in damages for defamation.
Held: They were deductible. Such claims against a newspaper are a ‘regular and almost unavoidable incident of publishing it’ and the damages are compensatory rather than punitive.

Judges:

Gavan Duffy CJ and Dixon J

Citations:

(1932) 48 CLR 113, [1932] HCA 56

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – McKnight (Inspector of Taxes) v Sheppard HL 18-Jun-1999
The taxpayer sought to set off against tax some pounds 200,000 spent defending professional disciplinary proceedings. The House was asked whether this was ‘money wholly and exclusively laid out or expended for the purposes of the trade.’
Held: . .
Lists of cited by and citing cases may be incomplete.

Income Tax

Updated: 04 December 2022; Ref: scu.266054

Ritchie v Atkinson: 1808

Judges:

Lord Ellenborough

Citations:

(1808) 10 East 295

Jurisdiction:

England and Wales

Citing:

Applied – Boone v Eyre 1777
Unless the non-performance alleged to constitute the breach of the contract goes to the whole root and consideration of it the covenant broken is not to be considered as a condition precedent but as a distinct covenant for breach of which the party . .

Cited by:

Cited – 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, . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 December 2022; Ref: scu.266188

Tarrabochia v Hickie: 1856

The parties had agreed that the ship would sail on a particular day, but there was no express term to state the importance of any breach.
Held: Bramwell B said: ‘No doubt it is competent for the parties, if they think fit, to declare in express terms that any matter shall be a condition precedent, but when they have not so expressed themselves, it is necessary for those who construe the instrument to see whether they intend to do it. Since, however, they could have done it, those who construe the instrument should be chary in doing for them that which they might, but have not done for themselves.’

Judges:

Pollock CB, Bramwell B

Citations:

(1856) 1 Hurlstone and Norman 183

Jurisdiction:

England and Wales

Cited by:

Cited – 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, . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 December 2022; Ref: scu.266192

Havelock v Geddes: 1809

If the obligation of seaworthiness in a charterparty contract were a condition precedent then the neglect of putting in a single nail after the ship ought to have been made tight, staunch, etc., would be a breach of the condition and a defence to the whole of the plaintiff’s demand.

Judges:

Lord Ellenborough

Citations:

(1809) 10 East 555

Jurisdiction:

England and Wales

Cited by:

Cited – 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, . .
Lists of cited by and citing cases may be incomplete.

Contract, Transport

Updated: 04 December 2022; Ref: scu.266190

Davidson v Gwynne: 1810

The court considered a claim for a breach of a charterparty.
Held: The sailing with the first convoy was not a condition precedent, the object of the contract was the performance of the voyage and that had been performed. It was useless to go over the same subject again ‘which has so often been discussed of late.’ Lord Ellenborough said: ‘The principle laid down in Boone v. Eyre has been recognised in all the subsequent cases that unless the non-performance alleged in the breach of contract goes to the whole root and consideration of it the covenant broken is not to be considered as a condition precedent but as a distinct covenant for breach of which the party may be compensated in damages unless by the breach of the stipulation of the fitness of the vessel the object of the voyage is wholly frustrated.’

Judges:

Lord Ellenborough

Citations:

[1810] 12 East 381

Jurisdiction:

England and Wales

Citing:

Cited – Boone v Eyre 1777
Unless the non-performance alleged to constitute the breach of the contract goes to the whole root and consideration of it the covenant broken is not to be considered as a condition precedent but as a distinct covenant for breach of which the party . .

Cited by:

Cited – 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, . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 December 2022; Ref: scu.266191

Martin v Triggs Turner Barton (a Firm) and Others: 25 Jan 2008

The defendants appealed against a specific disclosure order in a case involving the questioning of the admnistration of an estate.
Held: The appeal failed. The court was entitled to take a pragmatic approach as necessary to achieve the overriding objective. The power used was part of the court’s discretionary case management powers and should not be interferered with.

Citations:

Times 05-Feb-2008

Jurisdiction:

England and Wales

Litigation Practice

Updated: 04 December 2022; Ref: scu.266305

Boggis, Regina (on the Application of) v Natural England and Another: CA 29 Feb 2008

Renewed application for leave to bring judicial review – making of SSSI – granted.

Judges:

Mummery LJ, Munby J

Citations:

[2008] EWCA Civ 335

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 28

Jurisdiction:

England and Wales

Cited by:

see Also – Boggis and Another, Regina (on the Application of) v Natural England and Another Admn 5-Dec-2008
The claimants wanted to erect a sacrificial barrier by way of a sea defence in order to protect cliffs from erosion. The site was then designated as a site of special scientific interest, and permission was required from the defendant, who refused, . .
See Also – Boggis and Another v Natural England CA 20-Oct-2009
Natural England appealed against the quashing of an SSSI.
Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners . .
Lists of cited by and citing cases may be incomplete.

Land, Environment

Updated: 04 December 2022; Ref: scu.266778

Bridgewood Rochester Ltd v Secretary of State for Communities and Local Government: Admn 26 Feb 2008

Judges:

Mitting J

Citations:

[2008] EWHC 405 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ashbridge Investments Ltd v Minister of Housing and Local Government CA 1965
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
Held: The court can interfere if the decision maker has taken into account a . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 04 December 2022; Ref: scu.266171

Buglife (the Invertebrate Conservation Trust), Regina (on the Application of) v Thurrock Thames Gateway Development Corp and Another: Admn 22 Feb 2008

Judges:

Mitting J

Citations:

[2008] EWHC 475 (Admin), [2008] 2 P and CR 7, [2008] Env LR 31

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Buglife – The Invertebrate Conservation Trust, Regina (on the Application of) v Thurrock Thames Gateway Development Corp CA 4-Nov-2008
The court considered an application for a protective costs order in judicial review proceedings in environmental law cases.
Held: The central decision was Corner House Research, but that was to be applied purposively and not rigidly. It was . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 04 December 2022; Ref: scu.266172

Midgeley Estates Ltd v Hands: 1952

In the absence of some other clear expression of intent, the intention of the estate agent and vendor when entering into an agreement concerning the sale of a property is likely to be that the commission stipulated for should be payable only in the event of an actual sale resulting.

Judges:

Jenkins, LJ

Citations:

[1952] 2 QB 432

Jurisdiction:

England and Wales

Cited by:

Cited – John D Wood and Co (Residential and Agricultural Ltd) v Craze QBD 30-Nov-2007
The claimant estate agents sought payment of its commission. The defendant appealed refusal of his request for the claim to be struck out. The agency said that the agency’s standard terms applied under which commission was payable on exchange. The . .
Lists of cited by and citing cases may be incomplete.

Agency

Updated: 04 December 2022; Ref: scu.263804

South West Yorkshire Mental Health NHS Trust v Bradford Crown Court: Admn 27 Mar 2003

Citations:

[2003] EWHC 640 (Admin), [2003] ACD 68

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford CA 19-Dec-2003
A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder.
Held: The Court of Appal had no jurisdiction to hear the appeal. . .
Lists of cited by and citing cases may be incomplete.

Health, Criminal Practice

Updated: 04 December 2022; Ref: scu.263504

Re Haden Bill Electrical Ltd: 1995

The petitioner had had in practice control of the company as chairman and though he owned only 25% of the shares. His own company loaned andpound;200,000 to the company as working capital. He complained that he had been removed as a director.
Held: The company was to be treated as a quasi-partnership. As long as the loan was outstanding he had a legitimate expectation that he could be involved in the management of the company, and his removal as director was unfair.
Robert Walker J discussed the judgment in Tay Bok Choon: ‘Lord Templeman qualified the expectation of the petitioner in that case by limiting it to the period until ‘for some other reason a change in management and control became necessary’; and that qualification is no doubt appropriate in any similar case, including the present case. The personal troubles between Mr Pitt and Mr Watkins … made it inevitable that there should be a change in management and control, and Mr Watkins’ alliance with the Hoggs … made it inevitable that Mr Pitt should be the one to go, regardless of the rights and wrongs of the personal troubles. Conversely, however unmeritorious Mr Pitt’s personal conduct, it could not in my judgment justify the majority shareholders in summarily ejecting him without consultation or discussion about the future of Mr Pitt’s equity capital, and R and H’s loan capital, in Haden Bill.’

Judges:

Robert Walker J

Citations:

[1995] 2 BCLC 280

Statutes:

Companies Act 1985 459

Jurisdiction:

England and Wales

Citing:

Cited – Re a company (No.00477 of 1986) 1986
. .
Cited – Tay Bok Choon v Tahanson Sdn Bhd PC 1987
A participant in the company was given the right to be involved in the management until a change should become necessary for some other reason.
In cases of fraud, direct evidence may be rare and circumstantial evidence may have to suffice,
Cited – Re JE Cade and Son Ltd 1992
The petitioner claimed unfair prejudice under section 459. The company was a licensee of a farm and he sought to recover possession.
Held: The petition failed. In reality he was seeking to promote his interests as freeholder in the land, and . .
Lists of cited by and citing cases may be incomplete.

Company

Updated: 04 December 2022; Ref: scu.264072

Blake and Co. v Sohn: 1969

The defendant had falsely represented to their estate agents that they had been in undisputed exclusive possession of part of the land to be sold for 20 years and were able to prove title for the land. In fact, there was a long running dispute about title to the land. Contracts were exchanged but the sale could not be completed because of the vendors’ inability to complete the purchase. The purchaser successfully sued for rescission of the contract, whereupon the estate agents sued for their commission or damages. The estate agents contended, inter alia, that there was an implied term in the agreement between themselves and the vendors to the effect that the vendors had and would make out a good title to the property.
Held: Nield J rejected the contention. There was no justification for implying such a term. The representation as to undisputed possession did not amount to fraud.

Judges:

Nield J

Citations:

[1969] 3 All ER 123

Jurisdiction:

England and Wales

Cited by:

Cited – John D Wood and Co (Residential and Agricultural Ltd) v Craze QBD 30-Nov-2007
The claimant estate agents sought payment of its commission. The defendant appealed refusal of his request for the claim to be struck out. The agency said that the agency’s standard terms applied under which commission was payable on exchange. The . .
Lists of cited by and citing cases may be incomplete.

Contract, Agency

Updated: 04 December 2022; Ref: scu.263807

Robins v Berkeley Homes (Kent) Ltd: 1996

A building scheme applied to land. A development was challenged as being in breach.
Held: The defences both of change of character of the neighbourhood and acquiescence both failed, and a final injunction was granted.

Citations:

[1996] 2 EGLR

Jurisdiction:

England and Wales

Cited by:

Cited – Turner and Another v Pryce and others ChD 9-Jan-2008
The claimants asserted that they had the benefit of restrictive covenants under a building scheme to prevent the defendants erecting more houses in their neighbouring garden. The defendants pointed to alleged breaches of the same scheme by the . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.263767

McIntyre v ANR and Hardcastle: 1948

Citations:

[1948] 2 QB 82

Jurisdiction:

England and Wales

Cited by:

Cited – PB Investments Ltd v McInnes CA 19-Jun-2007
The defendant was a Rent Act tenant. She was the last remaining tenant in a block of twenty flats which the landlord wished to redevelop. She said that the alternative accommodation offered was unsuitable. She had not co-operated with the claimant . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.263956

Re Flynn (no 2): 1969

An acknowledgement of title to restart a limitation period must be precisely focused on a disputed right.

Citations:

[1969] 1 Ch 403

Jurisdiction:

England and Wales

Citing:

See Also – Re Flynn 1968
The court had to decide on the intentions of the deceased with regard to domicile: ‘In one sense there is no end to the evidence that may be adduced; for the whole of a man’s life and all that he has said and done, however trivial, may be prayed in . .

Cited by:

Cited – Ofulue and Another v Bossert CA 29-Jan-2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
Lists of cited by and citing cases may be incomplete.

Limitation

Updated: 04 December 2022; Ref: scu.264079

Prickett v Badger: 1856

Citations:

(1856) 1 CNS 296

Jurisdiction:

England and Wales

Cited by:

Doubted – Luxor (Eastbourne) v Cooper HL 1941
The vendor company had instructed agents to sell properties on its behalf and had agreed to pay commission on completion of the sale. The sale was agreed with a prospective purchaser introduced by the agents. Before the sale was completed, the . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 04 December 2022; Ref: scu.263808

Kushner v Law Society: 1952

Judges:

Lord Goddard CJ

Citations:

[1952] 1 KB 264

Jurisdiction:

England and Wales

Cited by:

Cited – Long v Tower Hamlets London Borough Council ChD 20-Mar-1996
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.263775

Prince v Mapp (Inspector of Taxes): 1970

Citations:

[1970] 1WLR 260, [1970] 46 TC 169

Jurisdiction:

England and Wales

Cited by:

Cited – Mallalieu v Drummond HL 27-Jul-1983
The taxpayer was a barrister. To comply with Bar guidance on court dress, she wore, in court and in and to and from chambers black dresses, suits and shoes and white blouses. The clothing were perfectly ordinary articles suitable for everyday wear. . .
Lists of cited by and citing cases may be incomplete.

Income Tax

Updated: 04 December 2022; Ref: scu.266053

Briggs v McCusker: 1996

Where one of the plots subject to a building scheme had been sub-divided, the benefit of the covenant in the scheme which originally burdened the whole plot did not pass to the owner of one of the subdivided plots so as to enable that owner to enforce the covenant against an owner of one of the other subdivided plots.

Judges:

Judge Rich QC

Citations:

[1996] 2 EGLR 197

Jurisdiction:

England and Wales

Citing:

Binding – In Re Beechwood Homes Limited’s Application CA 1994
Dillon LJ said that the case had proceeded below in the Lands Tribunal and had, therefore, to proceed in the Court of Appeal on the common basis that the power to consent to breach of a covenant was a dispensing power attached to another otherwise . .

Cited by:

Cited – Turner and Another v Pryce and others ChD 9-Jan-2008
The claimants asserted that they had the benefit of restrictive covenants under a building scheme to prevent the defendants erecting more houses in their neighbouring garden. The defendants pointed to alleged breaches of the same scheme by the . .
Cited – Margerison v Bates and Another ChD 30-May-2008
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term . .
Cited – Martin v David Wilson Homes Ltd CA 28-Jun-2004
The court considered the construction of a restrictive covenant, and was asked whether an indefinite article ‘a private dwellinghouse’ was to be construed as a limitation of number or whether it was to be construed as being as to the manner of use. . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 04 December 2022; Ref: scu.263764

Friend v Duke of Richmond: 1667

Two subjects brought action for ejectment. The defendant took the point that the claimant could not sue in ejectment. It was necessary to allege entry by a tenant. There could not be an entry, as the Crown had already obtained a judgment based on an information of intrusion and a person could not enter against the Crown. The plaintiff responded that he was not bound by the judgment, as he was not a party to that action and so he could allege an entry.
Held: The objection was overruled. Sir Matthew Hale observed obiter that ‘And though the judgment in intrusion includes an amoveas manum, yet it extends only to such as may lawfully be amoved. And if the sheriff do otherwise, he is a disseisor; as if in a judgment against A., in a real action, he should oust B., who neither claims under A., nor is tenant to the action. And the King cannot gain anything by wrong; so that he cannot be a disseisor, but they that enter.’

Judges:

Hale CB

Citations:

(1667) Hardres 461

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts v Crown Estate Commissioners CA 20-Feb-2008
The commissioners sought to claim title to a foreshore by adverse possession. The claimant asserted that he had acquired title in his capacity of Lord Marcher of Magor which had owned the bed of the estuary since the Norman Conquest, and that the . .
Cited – Roberts v Swangrove Estates Ltd and Another ChD 14-Mar-2007
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Land

Updated: 04 December 2022; Ref: scu.264649