Results: 94

• Society Of Medical Officers Of Health v Hope (Valuation Officer)

  09 Feb 1959 [1959] 1 QB 462; [1959] 2 WLR 377, CA

  21 Jan 1960 [1960] AC 551; [1960] 2 WLR 404, HL

  Subsequent citations: 12.
  ESTOPPEL — Per rem judicatam — Rates and rating

  RATING — Rates and rating — Science or fine art
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  Case index catchwords

  ESTOPPEL — Per rem judicatam — Rates and rating — Local valuation court — Decision in 1951 that society be entered on current valuation list as exempt from rates under Scientific Societies Act, 1843 — Same question arising in 1956 — Scientific Societies Act, 1843 (6 & 7 Vict. c. 36), s. 1 — Local Government Act, 1948 (11 & 12 Geo. 6, c. 26), ss. 40, 41, 44, 48.

  RATING — Rates and rating — Science or fine art — Exemption — Whether decision of local valuation court on requisite entry in one valuation list res judicata in relation to new valuation list — Whether local valuation court a court of competent jurisdiction — Whether dispute before local valuation court a lis inter partes — Scientific Societies Act, 1843 (6 & 7 Vict. c. 36), s. 1 — Local Government Act, 1948 (11 & 12 Geo. 6, c. 26), ss. 40, 41, 44, 48.

  1 Statute considered
• Pyx Granite Co Ltd v Ministry Of Housing And Local Government

  07 Feb 1958 [1958] 1 QB 554; [1958] 2 WLR 371, CA

  06 Jul 1959 [1960] AC 260; [1959] 3 WLR 346, HL

  Subsequent considerations : 15 positive; 8 neutral; 1 negative. Subsequent citations: 95.
  PLANNING — Town and country planning — Development

  PRACTICE — Practice and procedure — Declaratory judgment

  STATUTE — Construction — Jurisdiction of High Court

  CROWN PRACTICE — Certiorari — Inferior tribunal
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  Case index catchwords

  PLANNING — Town and country planning — Development — “Authorised by Act” — Private Act enacting that heads of agreement between parties “are hereby confirmed and made binding” on parties — Whether provisions binding as a contract or as a statute — Whether permission required — Quarrying — Permission granted subject to conditions imposed by Minister — Whether conditions related to permitted development valid without provision for compensation — Malvern Hills Act, 1924 (14 & 15 Geo. 5, c. xxxvi), s. 54, Sch. 4 — Town and Country Planning Act, 1947 (10 & 11 Geo. 6, c. 51), ss. 14, 15, 17, 26, 27 — Town and Country Planning General Development Order, 1950 (S.I. 1950, No. 728), arts. 3 (1), 4 (1), Sch. I, Class XII.

  PLANNING — Town and country planning — Development — Conditions — Validity.

  PRACTICE — Practice and procedure — Declaratory judgment — Town and Country Planning — Development — Declaration — Whether jurisdiction to grant declarations ousted by statute — Town and Country Planning Act, 1947, ss. 14, 15, 17.

  STATUTE — Construction — Jurisdiction of High Court — Not to be taken away save by clear words.

  CROWN PRACTICE — Certiorari — Inferior tribunal — Minister — Town and Country Planning — Development — Validity of conditions — Whether certiorari will lie — Town and Country Planning Act, 1947, s. 14.

  7 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• Bullock v Unit Construction Co Ltd

  30 Nov 1959 [1960] AC 351; [1959] 3 WLR 1022; [1959] 3 All ER 831; 38 TC 712, HL(E)

  Subsequent considerations : 1 positive; 3 neutral; 1 negative. Subsequent citations: 12.
  RESIDENCE — Company — Income tax

  COMPANY — Residence — Income tax.
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  Case index catchwords

  RESIDENCE — Company — Income tax — Unauthorised management outside country of registration — Finance Act, 1953 (1 & 2 Eliz. 2, c. 34), s. 20 (9). — Revenue — Income tax — Company — Residence — Subvention payments — Finance Act, 1953, s. 20 (9).

  COMPANY — Residence — Income tax.

  7 Case(s) considered

  1 Statute considered
• Scottish Co-operative Wholesale Society Ltd v Ulster Farmers’ Mart Co Ltd

  Subsequent considerations : 2 positive. Subsequent citations: 3.
• Cavanagh v Ulster Weaving Co Ltd

  18 Jun 1959 [1959] 3 WLR 262, HL

  18 Jun 1959 [1960] AC 145, HL

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 8.
  NEGLIGENCE — Safe system of work — Reasonable care

  DAMAGES — Personal injuries — Jury

  JUDICIAL PRECEDENT — Question of fact — Jury question

  FACT OR LAW — Negligence — Standard of care
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  Case index catchwords

  NEGLIGENCE — Safe system of work — Reasonable care — General practice — “Folly” to neglect to provide precaution — Meaning of “folly.”

  DAMAGES — Personal injuries — Jury — Assessment of damages by jury — Whether award so excessive as to warrant interference by appellate court.

  JUDICIAL PRECEDENT — Question of fact — Jury question — Opinion of judge on it not a precedent.

  FACT OR LAW — Negligence — Standard of care — Question of fact — Master and servant.

  NEGLIGENCE — Safe system of work — Reasonable care — General practice — “Folly” to neglect to provide precaution — Meaning of folly.”

  DAMAGES — Personal injuries — Jury — Assessment of damages by jury — Whether award so recessive as to warrant interference by appellate court. — Judicial Precedent — Question of fact — Jury question — Opinion of judge on it not a precedent.

• Ponoka-Calmar Oils Ltd v Earl F Wakefield Co

  07 Oct 1959 [1960] AC 18; [1959] 3 WLR 631, PC

  MINES — Canada — Alberta
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  Case index catchwords

  MINES — Canada — Alberta — Mines and minerals — Mechanics' lien — “Owner” — Oil well — Drilling contractor's claim to lien — Whether work done for an “owner” as defined — Sale of severed oil — Fund in hands of receiver appointed by court — Rights of lienholder against fund — Mechanics' Lien Act, R.S. of Alberta, 1942, c. 236 (as amended to 1951, R.S. 1955, c. 197), ss. 2 (a) (c) (g), 6, 36, 37, 43.

  1 Statute considered
• Aberfoyle Plantations Ltd v Cheng

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 18.
• Society of Medical Officers of Health v Hope

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 3.

• Clifford W L Callwood v Else E Callwood

  21 Mar 1960 [1960] AC 659, PC

  CONFLICT OF LAWS — Immovable property — Devolution

  EVIDENCE — Foreign law — Onus of proof
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  Case index catchwords

  CONFLICT OF LAWS — Immovable property — Devolution — Will — Danish community of property law — Whether applicable by Danish law extraterritorially to immovable property — Whether Danish law or lex situs to be applied by English law.

  EVIDENCE — Foreign law — Onus of proof — Affidavit agreeing with United States court on point not in issue.

• Hong Guan & Co Ltd v R Jumabhoy & Sons Ltd

  04 Apr 1960 [1960] AC 684, PC

  SALE OF GOODS — Exceptions clause — Contract “subject to shipment”

  PRIVY COUNCIL — Jurisdiction — Point of law not taken below

  DAMAGES — Market value — Proof
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  Case index catchwords

  SALE OF GOODS — Exceptions clause — Contract “subject to shipment” — Construction — Sufficient goods shipped to fulfil contract — Insufficient to meet all vendors' other contracts — Allocation to buyers with “definite” contracts — Purported cancellation of “subject to shipment” contract — Whether effective.

  PRIVY COUNCIL — Jurisdiction — Point of law not taken below — Alternative submission on construction of contract — Point which could not be met by further evidence (post, p. 701).

  DAMAGES — Market value — Proof — Evidence of compromises in other disputes relating to market value of similar goods (post, p. 703).