Results: 86

• Amin Rasheed Shipping Corpn v Kuwait Insurance Co (The Al Wahab)

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 54.
• The Abidin Daver

  17 May 1983 [1983] 1 WLR 884; [1983] 3 All ER 46; [1983] 2 Lloyd's Rep 279, CA

  26 Jan 1984 [1984] AC 398; [1984] 2 WLR 196; [1984] 1 All ER 470; [1984] 1 Lloyd's Rep 339, HL(E)

  Subsequent considerations : 7 positive; 6 neutral. Subsequent citations: 90.
  ADMIRALTY — Practice — Stay of proceedings
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  Case index catchwords

  ADMIRALTY — Practice — Stay of proceedings — Action in rem — Collision between Cuban and Turkish ships in Bosphorus — Turkish proceedings started — Arrest of Turkish ship in England — Whether Admiralty proceedings to be stayed

  9 Case(s) considered
• Richards v Richards (1983)

  06 Dec 1982 [1984] AC 174; [1983] 2 WLR 633; [1983] 1 All ER 1017, CA

  30 Jun 1983 (pet all) [1984] AC 174; [1983] 2 WLR 648h; [1983] 3 WLR 173; [1983] 2 All ER 807, HL(E)

  Subsequent considerations : 3 positive. Subsequent citations: 34.
  HUSBAND AND WIFE — Injunction — Exclusion from matrimonial home
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  Case index catchwords

  HUSBAND AND WIFE — Injunction — Exclusion from matrimonial home — Wife leaving home because of husband's conduct — Divorce petition alleging conduct unreasonable — No violence — Wife living with children in poor accommodation — Whether husband to vacate matrimonial home in interests of children — Basis of court's jurisdiction to make ouster orders — Matters to be taken into account — Matrimonial Homes Act 1967, s 1(1)(2)(3)(6) (as amended by Domestic Proceedings and Magistrates' Courts Act 1978, s 36) — Guardianship of Minors Act 1971, s 1 (as amended by Domestic Violence and Matrimonial Proceedings Act 1976, ss 3, 4)

  9 Case(s) considered

  1 Statute considered
• R v Terry

  [1983] RTR 321; 77 Cr App R 173, CA

  15 Dec 1983 [1984] AC 374; [1984] 2 WLR 23; [1984] 1 All ER 65; [1984] RTR 129; 78 Cr App R 101, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  ROAD TRAFFIC — Licence — Excise licence
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  Case index catchwords

  ROAD TRAFFIC — Licence — Excise licence — Licence issued in respect of another vehicle — Whether “fraudulently” using licence exhibited on dashboard of car to avoid police inquiries — Whether necessary to prove intent to avoid payment of proper duty — Whether intent to deceive person responsible for public duty sufficient — Vehicles (Excise) Act 1971, s 26(1)

  7 Case(s) considered

  1 Words & Phrases considered
• Mahon v Air New Zealand Ltd

  20 Oct 1983 [1984] AC 808; [1984] 3 WLR 884; [1984] 3 All ER 201, PC

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 32.
  NATURAL JUSTICE — Opportunity to meet charge — Royal Commission's investigation

  JUDICIAL REVIEW — New zealand — Royal Commission's report
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  Case index catchwords

  NATURAL JUSTICE — Opportunity to meet charge — Royal Commission's investigation — Airline crash in Antarctica — Commission's investigation into cause — Finding that airline's management planned to conceal cause of crash — Whether facts consistent with finding — Whether persons likely to be adversely affected given opportunity to adduce additional material — Whether finding contrary to natural justice

  JUDICIAL REVIEW — New zealand — Royal Commission's report — Whether open to judicial review — Royal Commission's investigation of cause of air crash — Airline's management found to have planned to conceal cause of crash — Airline ordered to pay part of costs of commission — Whether order for costs open to judicial review — Whether to be quashed — Whether commission's finding contrary to natural justice — Commissions of Inquiry Act 1908, s 11 — Judicature Amendment Act 1972, ss 3, 4 (as amended by Judicature Amendment Act 1977, ss 10, 11)

  2 Case(s) considered

  2 Overseas Enactments considered
• R v Chard

  (1971) 56 Cr App R 268, CA

  10 Nov 1983 [1984] AC 279; [1983] 3 WLR 835; [1983] 3 All ER 637; 78 Cr App R 106, HL(E)

  Subsequent considerations : 2 neutral; 1 negative. Subsequent citations: 25.
  CRIME — Evidence — Medical evidence

  CRIME — Court of Appeal (Criminal Division) — Reference by Secretary of State

  JUDICIAL PRECEDENT — Statute — Construction
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  Case index catchwords

  CRIME — Evidence — Medical evidence — No issue of insanity diminished responsibility or mental illness — Evidence inadmissible on issue of intent

  CRIME — Court of Appeal (Criminal Division) — Reference by Secretary of State — Power to refer “whole case” — Whether consideration of court confined to grounds of reference — Criminal Appeal Act 1968, s 17(1)(a)

  JUDICIAL PRECEDENT — Statute — Construction — Re-enactment of statutory provision — Use of interpreted word in subsequent statute — Proper approach to construction

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Garden Cottage Foods Ltd v Milk Marketing Board

  18 May 1982 [1982] QB 1114; [1982] 3 WLR 514; [1982] 3 All ER 292, CA

  23 Jun 1983 (pet all) [1984] AC 130; [1982] 3 WLR 523c; [1983] 3 WLR 143; [1983] 2 All ER 770, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 52.
  EUROPEAN ECONOMIC COMMUNITY — Free competition — Abuse of dominant position

  HOUSE OF LORDS — Leave to appeal — Interlocutory matter
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  Case index catchwords

  EUROPEAN ECONOMIC COMMUNITY — Free competition — Abuse of dominant position — Claim that national butter supplier abusing dominant position — Reduction of distributors from 20 to 4 excluding plaintiffs — Whether “abuse of dominant position” — Interlocutory injunction refused by judge but granted by Court of Appeal — Whether cause of action giving rise to remedy of damages — Whether Court of Appeal justified in granting injunction — EEC Treaty (Cmnd 5179-II), arts 3(f), 86

  HOUSE OF LORDS — Leave to appeal — Interlocutory matter — Action alleging abuse of dominant position in market — Refusal by judge to grant interlocutory injunction — Whether Court of Appeal entitled to grant injunction — Leave to appeal although decision not conclusive of action

  9 Case(s) considered

  1 Words & Phrases considered

  2 EU Enactments considered
• Gardner v Moore

  05 Apr 1984 [1984] AC 548; [1984] 2 WLR 714; [1984] 1 All ER 1100; [1984] RTR 209; [1984] 2 Lloyd's Rep 135, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  INSURANCE — Public policy — Third party insurance

  ROAD TRAFFIC — Third party insurance — Motor Insurers' Bureau
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  Case index catchwords

  INSURANCE — Public policy — Third party insurance — Criminal use of vehicle on road — Unsatisfied judgment obtained against uninsured guilty driver — Whether Motor Insurers' Bureau liable to indemnify injured third party under agreement with Secretary of State

  ROAD TRAFFIC — Third party insurance — Motor Insurers' Bureau — Third party injured by criminal act of driver of vehicle on road — Whether injury “caused by, or arising out of, the use of the vehicle on a road” — Whether “relevant liability” under MIB agreement — Whether bureau liable to indemnify third party injured by criminal use of vehicle on road — Road Traffic Act 1972, ss 143(1), 145(1)(3)

  4 Case(s) considered

  2 Words & Phrases considered
• Amin Rasheed Shipping Corpn v Kuwait Insurance Co (The Al Wahab)

  30 Mar 1982 [1982] 1 WLR 961; [1982] 1 Lloyd's Rep 638, QBD (Bingham J)

  15 Dec 1982 [1983] 1 WLR 228; [1983] 1 All ER 873; [1983] 1 Lloyd's Rep 235, CA

  07 Jul 1983 [1984] AC 50; [1983] 3 WLR 241; [1983] 2 All ER 884; [1983] 2 Lloyd's Rep 365, HL(E)

  Subsequent considerations : 2 positive; 3 neutral; 1 negative. Subsequent citations: 5.
  CONFLICT OF LAWS — Contract — Proper law
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  Case index catchwords

  CONFLICT OF LAWS — Contract — Proper law — Lloyd's standard form of marine policy — Policy not specifying governing law — Policy issued and claims payable in Kuwait — Whether English law to be inferred from use of Lloyd's policy — Whether English law proper law of contract — Whether jurisdiction to grant leave to serve notice of writ out of jurisdiction — Relative juridical advantages of trial in Kuwait or London — Judge's exercise of discretion — RSC, Ord 11, rr 1(1)(f) (iii), 4(2)

  6 Case(s) considered

  1 Statutory Instrument considered

• Minister of Public Works of the Government of the State of Kuwait v Sir Frederick Snow & Partners

  19 Feb 1981 [1981] 1 Lloyd's Rep 656, QBD (Mocatta J)

  17 Mar 1983 [1983] 1 WLR 818; [1983] 2 All ER 754; [1983] 1 Lloyd's Rep 596; (1983) 127 SJ 389, CA (Stephenson, Kerr and Fox LJJ)

  28 Jul 1983 (pet all) [1984] AC 426; [1983] 1 WLR 973; [1984] 2 WLR 340; [1984] 1 All ER 733; [1984] 1 Lloyd's Rep 458; (1984) 128 SJ 187; (1984) 134 NLJ 499, HL(E)

  ARBITRATION — Award — Enforcement

  ARBITRATION — Time bar — Additional parties
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  Case index catchwords

  ARBITRATION — Award — Enforcement — Award made in Kuwait — Kuwait and United Kingdom becoming parties to Convention subsequent to award — Whether “Convention award” — Arbitration Act 1975, s 7(1)

  ARBITRATION — Time bar — Additional parties — Plaintiffs adding defendants to action six years three months after issue of award — Whether defendants able to rely on limitation period — Whether 6th to 11th defendants partners in firm — Whether award Convention award — Arbitration Act 1975, ss 3(1), 7(1) — Limitation Act 1939, s 2(1)(c)

  4 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered