Results: 104

• Fay v Fay

  01 Jul 1982 [1982] AC 835; [1982] 3 WLR 206; [1982] 2 All ER 922, HL(E)

  Subsequent citations: 4.
  HUSBAND AND WIFE — Divorce — Petition within three years
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Petition within three years — Exceptional hardship — Particulars of hardship identical to particulars of unreasonable behaviour — No evidence of suffering — Judge holding no exceptional hardship — No ground for intervention by Court of Appeal — Matrimonial Causes Act 1973, s 3(2) — Matrimonial Causes Rules 1977, r 5(2)(a)(ii)

  2 Case(s) considered

  1 Statutory Instrument considered
• Tandon v Trustees of Spurgeons Homes

  20 Feb 1981 [1982] QB 41; [1981] 3 WLR 74; [1981] 2 All ER 960, CA

  01 Apr 1982 [1982] AC 755; [1982] 2 WLR 735; [1982] 1 All ER 1086, HL(E)

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 16.
  LANDLORD AND TENANT — Leasehold enfranchisement — House reasonably so called
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — House reasonably so called — Purpose-built shop with flat above — Part of parade of similar buildings — Whether building “ ‘house’ … reasonably so called” — Test to be applied — Leasehold Reform Act 1967, s 2(1)

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Swiss Bank Corpn v Lloyds Bank Ltd

  08 May 1978 [1979] Ch 548; [1979] 3 WLR 201; [1979] 2 All ER 853, Ch D

  01 Feb 1980 [1982] AC 584; [1980] 3 WLR 457; [1980] 2 All ER 419, CA

  14 May 1981 [1982] AC 584; [1981] 2 WLR 893; [1981] 2 All ER 449, HL(E)

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 37.
  SPECIFIC PERFORMANCE — Contract for loan to purchase securities — Sale of securities by chargee

  CONTRACT — Implied term — Loan agreement

  EXCHANGE CONTROL — Foreign securities — Transfer
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  Case index catchwords

  SPECIFIC PERFORMANCE — Contract for loan to purchase securities — Sale of securities by chargee — Contractual obligation on borrower to repay loan out of proceeds of securities — Whether lender having equitable interest sufficient to found action for specific performance — Whether actual knowledge of borrower's obligation necessary to debar chargee from relying on charge — Whether constructive knowledge sufficient to support injunction to restrain interference with contractual obligations

  CONTRACT — Implied term — Loan agreement — Foreign currency borrowed to purchase foreign securities — Covenant by borrower to observe conditions of Bank of England permission — Condition requiring repayment of loan out of purchased securities — Whether implied obligation on borrower to do so — Whether lender having equitable charge over securities

  EXCHANGE CONTROL — Foreign securities — Transfer — Scrip deposited with authorised depositary pursuant to Bank of England permission — Removal to second authorised depositary without permission — Equitable charge over securities granted to second depositary — Whether “change in beneficial ownership” — Whether securities in “custody” of second depositary at time of charge — Whether charge valid — Bank of England Exchange Control Notice EC 7, paras 87, 88 — Exchange Control Act 1947, s 17(2)

  12 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered
• Southern Centre of Theosophy Inc v State of South Australia

  15 Dec 1981 [1982] AC 706; [1982] 2 WLR 544; [1982] 1 All ER 284, PC

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  LAND — Australia — South Australia
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  Case index catchwords

  LAND — Australia — South Australia — Land — Title to land — Proprietor holding perpetual Crown lease of land at edge of inland lake — Land increased by fluvial action and by windblown sand — Whether proprietor's title extending to increase

  3 Case(s) considered
• Lonrho Ltd v Shell Petroleum Co Ltd (No 2)

  04 Jun 1981 [1982] AC 173; [1981] 3 WLR 33; [1981] 2 All ER 456, HL(E)

  Subsequent considerations : 12 positive; 9 neutral; 2 negative. Subsequent citations: 109.
  TORT — Cause of action — Whether arising from breach of statutory prohibition
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  Case index catchwords

  TORT — Cause of action — Whether arising from breach of statutory prohibition — Contract for construction of pipeline and carriage to oil refinery in Southern Rhodesia — Criminal offence to supply oil after UDI — Oil supplied otherwise than by pipeline — Loss to parties operating pipeline — Whether cause of action in respect of resultant damage — Southern Rhodesia Act 1965, ss 1, 2 — Southern Rhodesia (Petroleum) Order 1965, arts 1, 4

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Megarity v D J Ryan & Sons Ltd (No 2) (Gayway Linings Ltd v The Law Society, Megarity v The Law Society)

  27 Jun 1980 [1980] 1 WLR 1318; [1980] 3 All ER 602; (1980) 124 SJ 646, CA (Lord Roskill and Ormrod LJ)

  19 Feb 1981 [1982] AC 81; [1981] 2 WLR 335; [1981] 1 All ER 641; (1981) 125 SJ 167, HL(E) (Lord Diplock, Lord Simon of Glaisdale, Lord Edmund-Davies, Lord Scarman and Lord Bridge of Harwich)

  Subsequent considerations : 2 positive. Subsequent citations: 13.
  LEGAL AID — Costs — Successful unassisted party
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  Case index catchwords

  LEGAL AID — Costs — Successful unassisted party — Interlocutory appeal determined against assisted plaintiff — Court of Appeal ordering defendants' costs to be paid out of legal aid fund — Whether “proceedings … finally decided” — Legal Aid Act 1974, s 13 (1)

  LEGAL AID — Costs — Successful unassisted party — Interlocutory appeal determined against assisted plaintiff — Court of Appeal ordering defendants' costs to be paid out of legal aid fund — Whether appeal to Court of Appeal “separate proceedings” — Whether “proceedings … finally decided” — Legal Aid Act 1974, s 13(1) — Legal Aid (Costs of Successful Unassisted Parties) Regulations 1964, reg 2 — Legal Aid (General) Regulations 1971, reg 6(1)(b)

  2 Case(s) considered

  3 Words & Phrases considered

  1 Statute considered

  2 Statutory Instruments considered
• R v Caldwell (Comr of Police of the Metropolis v Caldwell)

  (1980) 71 Cr App R 237, CA

  19 Mar 1981 [1982] AC 341; [1981] 2 WLR 509; [1981] 1 All ER 961; 73 Cr App R 13, HL(E)

  Subsequent considerations : 12 positive; 7 neutral; 2 negative. Subsequent citations: 42.
  CRIME — Arson — Mens rea
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  Case index catchwords

  CRIME — Arson — Mens rea — Arson endangering life — Offence committed while intoxicated — Whether drunkenness defence — Criminal Damage Act 1971, s 1(1)(2)

  5 Case(s) considered

• Jaykumal v Public Prosecutor (Note)

  14 Jul 1981 [1982] AC 156; [1981] 3 WLR 408, PC

  CRIME — Singapore — Crime
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  Case index catchwords

  CRIME — Singapore — Crime — Statutory caution — Disclosure of exculpatory facts — Statutory warning administered by police at time of charge — Confession statement resulting — Whether procedure unconstitutional — Criminal Procedure Code, ss 121(6)(7), 122(1) — Constitution of Republic of Singapore (1980 reprint), art 9(1)

  2 Overseas Enactments considered
• China Pacific SA v Food Corpn of India (The Winson) (Winson, The)

  [1979] 2 All ER 35; [1979] 1 Lloyd's Rep 167, QBD (Lloyd J)

  30 Apr 1980 [1981] QB 403; [1980] 3 WLR 891; [1980] 3 All ER 556; [1980] 2 Lloyd's Rep 213, CA

  12 Nov 1981 [1982] AC 939; [1981] 3 WLR 860; [1981] 3 All ER 688; [1982] 1 Lloyd's Rep 117, HL(E)

  Subsequent considerations : 1 positive; 3 neutral; 1 negative. Subsequent citations: 21.
  ADMIRALTY — Salvage — Salvage agreement

  LIEN — Common law — Expenses incurred by lienee
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  Case index catchwords

  ADMIRALTY — Salvage — Salvage agreement — Vessel stranded — Part of cargo salvaged and brought to safe port — Off-loaded and stored at salvors' expense — Whether shipowners or cargo owners liable for expenses incurred thereby prior to abandonment of voyage — Whether cargo owners liable to salvors as bailees of cargo where no emergency necessitating post-salvage services — Purported representation made prior to salvage arbitration that cargo owners liable for storage expenses — Whether unequivocal representation constituting estoppel — Lloyd's Standard Form of Salvage Agreement (1972), cl 16

  ADMIRALTY — Salvage — Salvage agreement — Vessel stranded — Part of cargo salvaged and brought to safe port — Off-loaded and stored at salvors' expense to avoid deterioration — Whether cargo owner liable to salvors as bailees

  LIEN — Common law — Expenses incurred by lienee — Whether recoverable from lienor

  12 Case(s) considered
• R v Rose (Newton) (R v Clarke (Carson), R v Henry (Ian), R v Johnson (Orville))

  (pet all) [1982] 1 WLR 624, HL(E)

  08 Mar 1982 [1982] 1 WLR 614; [1982] 2 All ER 536; 75 Cr App R 322, CA

  01 Jul 1982 [1982] AC 822; [1982] 3 WLR 192; [1982] 2 All ER 731; 75 Cr App R 322, HL(E)

  Subsequent considerations : 4 positive; 4 neutral. Subsequent citations: 14.
  CRIME — Court of Appeal (Criminal Division) — New trial

  CRIME — Jury — Retirement to consider verdict
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  Case index catchwords

  CRIME — Court of Appeal (Criminal Division) — New trial — Conviction quashed on ground of material irregularity while jury in retirement — Whether power to order venire de novo — Criminal Appeal Act 1966, s 1(2)(b)(ii) (as amended by Criminal Appeal Act 1968, s 52(1), Sch 5)

  CRIME — Jury — Retirement to consider verdict — Judge's private communication to jury in retirement limiting time for verdict — Whether material irregularity in course of trial — Whether discretion in Court of Appeal to order venire de novo

  6 Case(s) considered

  1 Statute considered