Results: 117

• Waterhouse v Reid

  11 Jan 1938 [1938] 1 KB 743, CA

  Subsequent citations: 11.
  PRACTICE — Service of writ of summons out of the jurisdiction — Defendant domiciled in Scotland
  Expand

  Case index catchwords

  PRACTICE — Service of writ of summons out of the jurisdiction — Defendant domiciled in Scotland — Claim indorsed on writ for fraudulent misrepresentation — Statement of claim delivered with claim for breach of warranty — Claim for breach of warranty struck out — Rules of the Supreme Court, Order XI., r. 1 (e) (ee); Order XX., r. 4.

  1 Statutory Instrument considered

• Smith v Corpn Of Birkenhead

  14 Oct 1937 [1938] 1 KB 288, DC

  LOCAL GOVERNMENT — Private Street Works — Provisional apportionment of expenses between frontagers
  Expand

  Case index catchwords

  LOCAL GOVERNMENT — Private Street Works — Provisional apportionment of expenses between frontagers — “Measurements of the frontages and the other considerations (if any) on which the apportionment is based” — Insufficient information — A

  1 Statute considered

• Executors Of W S Cottingham (Deceased) v Commissioners Of Inland Revenue

  05 Jul 1938 [1938] 2 KB 689, KBD

  30 Nov 1938 [1939] 1 KB 250, CA

  Subsequent citations: 1.
  REVENUE — Sur-tax — Avoidance of liability to taxation
  Expand

  Case index catchwords

  REVENUE — Sur-tax — Avoidance of liability to taxation — Transfer of assets and associated operations — Whether effected “mainly for some purpose other than the purpose of avoiding taxation” — Liability of executors to assessment — Finance Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 34), s. 18, sub-ss. 1, 7; Sch. II., para. 4 — Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), All Schedules Rules, r. 18.

  4 Statutes considered

• Murray v Redpath, Brown and Co

  19 Nov 1937 [1938] 1 KB 449, CA

  COSTS — County court — Costs on Scale C
  Expand

  Case index catchwords

  COSTS — County court — Costs on Scale C — Instructions for brief — Brief fee — Power of county court judge to increase item of costs beyond maximum fixed by Scale — County Court Rules, 1936, Order XLVII., rr. 1, 2, 13, 21, 24, 30, 42; Order L., r. 2.

  1 Statutory Instrument considered
• Pratt v AA Sites Ltd

  07 Apr 1938 [1938] 2 KB 459, DC

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 3.
  JUSTICES — Appeal — Case stated
  Expand

  Case index catchwords

  JUSTICES — Appeal — Case stated — Jurisdiction to hear complaint declined by justices — No adjudication on merits — Power to state case.

• Clelland v Edward Lloyd Ltd

  23 Mar 1937 [1938] 1 KB 272, KBD

  MASTER AND SERVANT — Negligence — Independent contractor working on defendants' premises
  Expand

  Case index catchwords

  MASTER AND SERVANT — Negligence — Independent contractor working on defendants' premises — Apprentice in defendants' service ordered to work under contractor's foreman — No request or agreement by contractor for loan of apprentice's services — Negligence of apprentice causing injury to contractor's servant — Liability of defendants.

• House and Property Investment Co Ltd v Kneen (Inspector of Taxes)

  12 Apr 1938 [1938] 2 KB 274, KBD

  REVENUE — Income tax — Schedule A
  Expand

  Case index catchwords

  REVENUE — Income tax — Schedule A — Lease — Rack rent — Covenant by lessee to pay “further rent equal to insurance premium paid by lessors” — Covenant by lessors to insure — Deductions — Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), Sch. A, No. I., Rule 1; No. IV., Rule 10; No. V., Rules 7, 8.

  1 Statute considered

• Lloyds Bank Ltd v Bank Of America National Trust and Savings Association

  26 May 1937 [1937] 2 KB 631, KBD

  10 Mar 1938 [1938] 2 KB 147, CA

  Subsequent citations: 2.
  PRINCIPAL AND AGENT — Mercantile agent — Pledge of documents
  Expand

  Case index catchwords

  PRINCIPAL AND AGENT — Mercantile agent — Pledge of documents — Surrender by pledgees to pledgors as trustees for sale — Unauthorized pledge of documents by pledgors to third parties — “Owner” — “Mercantile Agent” — Validity of second pledge — Factors Act, 1889 (52 & 53 Vict. c. 45), s. 1, sub-s. 1; s. 2, sub-s. 1.

  2 Statutes considered
• Nomikos (Petros M) Ltd v Robertson

  23 May 1938 [1938] 2 KB 603; [1938] 3 All ER 249, CA

  09 May 1939 [1939] AC 371; [1939] 2 All ER 723, HL

  Subsequent considerations : 2 neutral. Subsequent citations: 6.
  INSURANCE — Insurance (marine) — Insurance on hull
  Expand

  Case index catchwords

  INSURANCE — Insurance (marine) — Insurance on hull — Insurance on freight — “In the event of constructive total loss of steamer” — Incorporation of Institute Time Clauses, Freight — Vessel damaged by fire — Cost of repairs more than insured value — Vessel when repaired worth more than cost of repairs — Charterparty not performed — Freight not received — No abandonment to hull underwriters — Claim against hull underwriters for partial loss — Claim against freight underwriters for constructive total loss — Whether maintainable — Marine Insurance Act, 1906 (6 Edw. 7, c. 41), s. 60, sub-ss. 1, 2; s. 61.

  INSURANCE — Insurance (marine) — Insurance on hull — Insurance on freight — “In the event of constructive total loss of steamer” — Incorporation of Institute Time Clauses, Freight — Vessel damaged by fire — Cost of repairs more than insured value — Vessel when repaired worth more than cost of repairs — Charterparty not performed — Freight not received — No abandonment to hull underwriters — Claim against hull underwriters for partial loss and against freight underwriters for constructive total loss — Marine Insurance Act, 1906 (6 Edw. 7, c. 41), ss. 60, 61.

  1 Statute considered

• Cross v British Oak Insurance Co Ltd

  11 Jan 1938 [1938] 2 KB 167, KBD

  INSURANCE — Insurance (motor-car) — Third-party risks
  Expand

  Case index catchwords

  INSURANCE — Insurance (motor-car) — Third-party risks — Accident involving three persons — Action by one against owner of motor-car — Service of third-party notice — Notice to insurers — Counterclaim by third party against owner of motor-car — No notice of counterclaim to insurers — Judgment for third party on counterclaim — Claim by third party against insurers — “Proceedings in which the judgment was given” — Effect of absence of notice of counterclaim — Road Traffic Act, 1934 (24 & 25 Geo. 5, c. 50), s. 10, sub-ss. 1, 2, 3.

  1 Statute considered