Results: 68

• Modern Engineering (Bristol) Ltd v Gilbert-Ash (Northern) Ltd (Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd)

  (1973) 71 LGR 162; [1973] 71 LGR 162, CA

  25 Jul 1973 [1974] AC 689; [1973] 3 WLR 421; [1973] 3 All ER 195; 72 LGR 1, HL(E)

  Subsequent considerations : 12 neutral; 1 negative. Subsequent citations: 117.
  BUILDING — Contract — RIBA form
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  Case index catchwords

  BUILDING — Contract — RIBA form — Local authorities edition — Main contractors with own sub-contract form for nominated sub-contractors — Sub-contract form incorporating to limited extent main contract in RIBA form — Clause in sub-contract entitling contractors to withhold “amount of any bona fide contra account” — Whether contractors entitled to withhold sums certified as payable and due to sub-contractors pending determination of unliquidated cross claims

  3 Case(s) considered
• Davies v Taylor (No 2)

  21 Mar 1973 [1974] AC 225; [1973] 2 WLR 610; [1973] 1 All ER 959, HL(E)

  Subsequent considerations : 2 positive. Subsequent citations: 15.
  LEGAL AID — Costs — Successful unassisted party
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  LEGAL AID — Costs — Successful unassisted party — Unassisted respondent insured against any costs payable — Neither party legally aided at trial — Appellant legally aided in respect of unsuccessful appeals to Court of Appeal and House of Lords — Whether “costs incurred” by respondent — Whether “just and equitable” for costs to be paid out of legal aid fund — Legal Aid Act 1964, s 1

  4 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• Westwood v Post Office

  23 Nov 1970 [1973] QB 591; [1973] 2 WLR 135; [1973] 1 All ER 283; 14 KIR 96, CA

  25 Jul 1973 [1974] AC 1; [1973] 3 WLR 287; [1973] 3 All ER 184; 15 KIR 113, HL(E)

  Subsequent citations: 2.
  NEGLIGENCE — Duty of care to whom? — Trespasser

  OFFICE PREMISES — Telephone exchange — Lift machinery room

  STATUTORY DUTY — Breach: contributory negligence — Breach of duty by employer
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  NEGLIGENCE — Duty of care to whom? — Trespasser — Post Office occupying telephone exchange — Technician employed on premises — Using lift room as means of access to roof for recreation — Notice on door forbidding entry — Dangerous floor — Technician fatally injured — Whether Post Office liable to widow — Whether contributory negligence by technician

  OFFICE PREMISES — Telephone exchange — Lift machinery room — Notice stating that only authorised attendant permitted to enter — Room occasionally used by technicians employed on premises as means of access to roof for recreation — Technician fatally injured by trap door in floor of room giving way — Whether room part of “office premises” — Whether Post Office liable for breach of statutory duty — Whether technician outside protection of Act of 1963 as trespasser — Whether guilty of contributory negligence — Offices, Shops and Railway Premises Act 1963, s 1 (1) (2)

  STATUTORY DUTY — Breach: contributory negligence — Breach of duty by employer — Floor in office premises not of sound construction — Employee fatally injured by fall — Employee in part of premises where not authorised to go — Whether guilty of contributory negligence — Whether deliberately exposing self to possible dangers — Offices, Shops and Railway Premises Act 1963, ss 1 (1) (2), 16 (1)

  8 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Oldendorff (E L) & Co GmbH v Tradax Export SA (The Johanna Oldendorff)

  Subsequent considerations : 5 positive; 1 neutral; 1 negative. Subsequent citations: 11.

• Holden v Inland Revenue Comr (Meneer v Inland Revenue Comr)

  06 May 1974 [1974] AC 868; [1974] 3 WLR 37; [1974] 2 All ER 819, PC

  REVENUE — New zealand — Revenue
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  REVENUE — New zealand — Revenue — Income tax — Remittance of sterling funds in United Kingdom to New Zealand — Remittance effected by purchase and sale of securities — Official rate of exchange less advantageous — Whether profits or gains derived from sale — Land and Income Tax Act 1954, s 88 (1) (c)

  2 Case(s) considered

  1 Overseas Enactment considered
• R v Turner (John Eric) (Director of Public Prosecutions v Turner)

  29 Mar 1973 [1973] 1 WLR 653; [1973] 2 All ER 828; 57 Cr App R 650, CA

  25 Jul 1973 [1974] AC 357; [1973] 3 WLR 352; [1973] 3 All ER 124; 57 Cr App R 932, HL(E)

  Subsequent considerations : 4 positive. Subsequent citations: 10.
  CRIME — Fraud — Obtaining pecuniary advantage by deception
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  CRIME — Fraud — Obtaining pecuniary advantage by deception — Worthless cheque presented in payment of debt — Whether “debt … evaded” — Theft Act 1968, s 16 (1) (2)

  6 Case(s) considered

  2 Words & Phrases considered
• M & W Grazebrook Ltd v Wallens

  23 Mar 1973 [1973] ICR 256; [1973] 2 All ER 868, NIRC

  Subsequent considerations : 1 neutral. Subsequent citations: 35.
  EVIDENCE — Privilege — Industrial relations
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  EVIDENCE — Privilege — Industrial relations — Complaint of unfair dismissal — Documents sent to conciliation officer — Admissibility of — Claim of privilege by employers — Principles applicable — Industrial Relations Act 1971, s 146(6)

  2 Case(s) considered

  1 Statute considered
• Hunt v Broome (Broome v Director of Public Prosecutions)

  10 Apr 1973 [1973] QB 691; [1973] 2 WLR 773; [1973] ICR 281; [1973] 2 All ER 1035; 15 KIR 239, DC

  20 Dec 1973 [1974] AC 587; [1974] 2 WLR 58; [1974] ICR 84; [1974] 1 All ER 314, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  HIGHWAY — Obstruction — Picket

  INDUSTRIAL RELATIONS — Pickets — Attendance at place
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  HIGHWAY — Obstruction — Picket — Strike picket obstructing highway by standing in front of lorry urging driver not to work — Whether obstruction excused — Highways Act 1959, s 121 — Industrial Relations Act 1971, s 134

  INDUSTRIAL RELATIONS — Pickets — Attendance at place — Highway obstructed by picket with placard standing in front of lorry and urging driver not to work — Whether authorised act — Highways Act 1959, s 121 — Industrial Relations Act 1971, s 134

  3 Case(s) considered

  4 Statutes considered
• Stenhouse Australia Ltd v Phillips

  02 Oct 1973 [1974] AC 391; [1974] 2 WLR 134; [1974] 1 All ER 117; [1974] 1 Lloyd's Rep 1, PC

  Subsequent considerations : 2 positive. Subsequent citations: 43.
  RESTRAINT OF TRADE — Employment — Insurance broker
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  RESTRAINT OF TRADE — Employment — Insurance broker — Managing director of insurance broking company — Termination of employment — Covenant not to solicit insurance business — Covenant to pay half-share of commission to employer and not to act for any client of employer — Whether restrictions more than reasonably necessary for protection of employer — Whether restrictions enforceable
• The Atlantic Star (Atlantic Star (Owners) v Bona Spes (Owners))

  [1972] 1 Lloyd's Rep 534

  27 Jul 1972 [1973] QB 364; [1972] 3 WLR 746; [1972] 2 Lloyd's Rep 446; [1972] 3 All ER 705, CA

  10 Apr 1973 [1974] AC 436; [1973] 2 WLR 795; [1973] 2 All ER 175; [1973] 2 Lloyd's Rep 197, HL(E)

  Subsequent considerations : 4 positive; 2 neutral; 2 negative. Subsequent citations: 52.
  ADMIRALTY — Practice — Stay of proceedings
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  Case index catchwords

  ADMIRALTY — Practice — Stay of proceedings — Collision in Belgian waters involving Dutch and Belgian vessels — Report by surveyor appointed by Belgian Commercial Court — Multiple claims against Dutch owners begun in Antwerp court — Action in rem by one claimant started in English Admiralty Court — Motion to stay English action — Antwerp most appropriate forum — Whether plaintiff entitled to bring action in forum of his choice — International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, art 1 (1) (2) (3) (Brussels, May 10, 1952)

  7 Case(s) considered