Results: 84

• Attorney-General for Northern Ireland’s Reference (No 1 of 1975)

  07 Jul 1976 [1977] AC 105; [1976] 3 WLR 235; [1976] 2 All ER 937, HL(NI)

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 13.
  CRIME — Homicide — Soldier on duty

  PRACTICE — Northern ireland — Attorney-General's reference
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  Case index catchwords

  CRIME — Homicide — Soldier on duty — British soldier on patrol in Northern Ireland — Shooting of fleeing suspect believed to be terrorist — Reasonableness of force used — Matter of fact

  PRACTICE — Northern ireland — Attorney-General's reference — Legislation coming into force — Making of rules of court safeguarding anonymity condition precedent — Whether valid rule-making power — Interpretation Act 1889, s 14 — Criminal Appeal (Northern Ireland) Act 1968 (as amended), ss 48A, 49 (1) — Criminal Justice Act 1972, ss 63 (3), 66 (6) (b)

  3 Statutes considered

  1 Overseas Enactment considered

• Sorrell v Finch

  12 May 1976 [1977] AC 728; [1976] 2 WLR 833; [1976] 2 All ER 371, HL(E)

  Subsequent citations: 3.
  AGENCY — Estate agent — Deposit
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  Case index catchwords

  AGENCY — Estate agent — Deposit — Money paid by prospective purchaser subject to contract — No statement of terms on which agent to hold money — Whether estate agent holding as vendor's agent — Whether as stakeholder — Whether vendor liable for return of deposit

  3 Case(s) considered
• R v Jordan (Margaret Edith) (Director of Public Prosecutions v Jordan, R v Staniforth)

  24 Mar 1976 [1977] AC 699; [1976] 2 WLR 849; [1976] 2 All ER 714, CA

  17 Nov 1976 [1977] AC 699; [1976] 3 WLR 887; [1976] 3 All ER 775; 64 Cr App R 33, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  CRIME — Obscene libel — Evidence
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  Case index catchwords

  CRIME — Obscene libel — Evidence — Defence of “public good” — Expert evidence of psychotherapeutic value of pornography — Whether admissible — Obscene Publications Act 1959, s 4

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Seramco Ltd Superannuation Fund Trustees v Income Tax Comr

  08 Mar 1976 [1977] AC 287; [1976] 2 WLR 986; [1976] 2 All ER 28, PC

  Subsequent considerations : 1 neutral. Subsequent citations: 3.
  REVENUE — Jamaica — Income tax
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  Case index catchwords

  REVENUE — Jamaica — Income tax — Dividend stripping — Commissioner's refusal to make repayment of tax to exempt fund — Right of appeal — Disregard of transaction as artificial — Effect on persons concerned in transaction — Income Tax Law 1954, ss 10 (1), 63 (3)

  1 Overseas Enactment considered
• R v Majewski (Director of Public Prosecutions v Majewski)

  19 Jun 1975 [1977] AC 443; [1975] 3 WLR 401; [1975] 3 All ER 296; 62 Cr App R 5, CA

  13 Apr 1976 [1977] AC 443; [1976] 2 WLR 623; [1976] 2 All ER 142; 62 Cr App R 262, HL(E)

  Subsequent considerations : 6 positive; 7 neutral. Subsequent citations: 35.
  CRIME — Court of Appeal — Jurisdiction

  CRIME — Drunkenness as defence — Assault
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  Case index catchwords

  CRIME — Court of Appeal — Jurisdiction — Summary determination of appeal on question of law — Registrar of Criminal Appeals' powers to refer to court for summary determination — Whether exercisable by deputy registrar under implied authority — Criminal Appeal Act 1968, s 20

  CRIME — Drunkenness as defence — Assault — Defendant committing assaults while affected by drink and drugs — Whether self-induced intoxication defence — Mens rea — Criminal Justice Act 1967, s 8

  7 Case(s) considered

  2 Statutes considered
• The Albazero (Albacruz (Cargo Owners) v Albazero (Owners), Concord Petroleum Corpn v Gosford Marine Panama SA)

  14 May 1975 [1977] AC 774; [1975] 3 WLR 491; [1974] 2 All ER 906; [1974] 2 Lloyd's Rep 38, PDA (Brandon J)

  14 May 1975 [1977] AC 774; [1975] 3 WLR 491; [1975] 3 All ER 21; [1975] 2 Lloyd's Rep 295, CA

  28 Jul 1976 [1977] AC 774; [1976] 3 WLR 419; [1976] 3 All ER 129; [1976] 2 Lloyd's Rep 359, HL(E)

  Subsequent considerations : 2 positive; 6 neutral; 3 negative. Subsequent citations: 43.
  SALE OF GOODS — Cif — When property passes

  SHIPPING — Contract of carriage — Who may sue
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  Case index catchwords

  SALE OF GOODS — Cif — When property passes — Bulk purchase of crude oil shipped fob and sold cif to associated company — Bills of lading stating that cargo deliverable to order of seller — Endorsed bills of lading dispatched by post to buyer by seller's agent during voyage — Total loss of cargo after bills of lading posted and before receipt by buyer — Whether property and right to possession of cargo passed to buyers before loss — Intention of parties — Sale of Goods Act 1893, s 19 (1) (2)

  SHIPPING — Contract of carriage — Who may sue — Time charterparty — Bill of lading providing that cargo deliverable to order of charterer — Total loss of cargo during voyage — Action for damages brought by charterer against shipowner — Whether entitled to recover substantial damages although title to property and right to possession passed before loss

  15 Case(s) considered

  1 Statute considered
• The Philippine Admiral (Philippine Admiral (Owners) v Wallem Shipping (Hong Kong) Ltd, Wallem Shipping (Hong Kong) Ltd v Philippine Admiral (Owners))

  [1974] 2 Lloyd's Rep 568

  05 Nov 1975 [1977] AC 373; [1976] 2 WLR 214; [1976] 1 All ER 78; [1976] 1 Lloyd's Rep 234, PC

  Subsequent considerations : 3 positive; 2 neutral. Subsequent citations: 24.
  CONFLICT OF LAWS — Sovereign immunity — Action in rem

  CONFLICT OF LAWS — Sovereign immunity — Government owned ship
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  Case index catchwords

  CONFLICT OF LAWS — Sovereign immunity — Action in rem — State-owned merchant ship engaged in ordinary trade

  CONFLICT OF LAWS — Sovereign immunity — Government owned ship — Vessel built for Philippine Government — Vessel sold by Philippine Government to company — Government to retain ownership until purchase price paid — Vessel operated as ordinary trading vessel — Actions in rem by unpaid creditors — Whether writ to be set aside on ground that foreign sovereign being impleaded

  10 Case(s) considered
• Ferodo Ltd v Barnes

  29 Jun 1976 [1976] ICR 439; [1976] IRLR 302, EAT (Kilner Brown J, Mr L D Cowan and Mr J H Wood)

  Subsequent considerations : 1 positive. Subsequent citations: 29.
  INDUSTRIAL RELATIONS — Unfair dismissal — Reasonableness of dismissal
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  Case index catchwords

  INDUSTRIAL RELATIONS — Unfair dismissal — Reasonableness of dismissal — Vandalism by employee — Whether onus on employers to prove employee committed act of vandalism — Trade Union and Labour Relations Act 1974, Sch 1, para 6 (1)

  1 Case considered

  1 Statute considered

• Registrar of Titles, Johore, Johore Bahru v Temenggong Securities Ltd

  27 Apr 1976 [1977] AC 302; [1976] 2 WLR 951, PC

  LAND — Malaysia — Land
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  Case index catchwords

  LAND — Malaysia — Land — Registration of title — Registrar's caveat entered in respect of company's land — Company's civil debt for unpaid income tax — Whether “interest” entitled to registration — National Land Code, s 320 (1) (b)

  1 Overseas Enactment considered
• Arenson v Arenson

  29 Mar 1972 [1972] 1 WLR 1196; [1972] 2 All ER 939, Ch D

  22 Feb 1973 [1973] Ch 346; [1973] 2 WLR 553; [1973] 2 All ER 235; [1973] 2 Lloyd's Rep 104, CA

  11 Nov 1975 [1977] AC 405; [1975] 3 WLR 815; [1975] 3 All ER 901; [1976] 1 Lloyd's Rep 179, HL(E)

  Subsequent considerations : 2 positive; 3 neutral. Subsequent citations: 35.
  NEGLIGENCE — Duty of care to whom? — Valuer

  PRACTICE — Pleadings — Striking out
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  Case index catchwords

  NEGLIGENCE — Duty of care to whom? — Valuer — Shares to be bought by company chairman from shareholder — Valuation by company's auditors — Auditors “acting as experts and not as arbitrators” — Whether liable in negligence

  PRACTICE — Pleadings — Striking out — Negligence — Valuation of shares by company's auditors for purpose of sale by shareholder to company chairman — Whether action maintainable against auditors

  10 Case(s) considered