Results: 28

• The Teh Hu

  09 Oct 1969 [1970] P 106; [1969] 3 WLR 1135; [1969] 3 All ER 8; [1969] 2 Lloyd's Rep 7, PDA (Brandon J)

  09 Oct 1969 [1970] P 106; [1969] 3 WLR 1135; [1969] 3 All ER 1200; [1969] 2 Lloyd's Rep 365, CA

  Subsequent considerations : 1 negative. Subsequent citations: 11.
  ADMIRALTY — Salvage — Award

  CURRENCY — Devaluation — Salvage award
  Expand

  Case index catchwords

  ADMIRALTY — Salvage — Award — Assessment — Devaluation of sterling — Whether relevant — Lloyd's standard form

  CURRENCY — Devaluation — Salvage award — Whether devaluation of sterling relevant

  3 Case(s) considered
• The Tojo Maru (No 2) (Tojo Maru (Owners) v NV Bureau Wijsmuller)

  13 Jan 1969 [1970] P 21; [1969] 2 WLR 594; [1969] 2 All ER 155; [1969] 1 Lloyd's Rep 133, PDA (Willmer LJ)

  09 Jul 1969 [1970] P 21; [1969] 3 WLR 902; [1969] 3 All ER 1179; [1969] 2 Lloyd's Rep 193, CA

  16 Mar 1971 [1972] AC 242; [1971] 2 WLR 970; [1971] 1 All ER 1110; [1971] 1 Lloyd's Rep 341, HL(E)

  Subsequent considerations : 2 neutral. Subsequent citations: 18.
  ADMIRALTY — Salvage — Award

  PRACTICE — Set-off — Counterclaim

  SHIPPING — Limitation of liability — Salvage
  Expand

  Case index catchwords

  ADMIRALTY — Salvage — Award — Negligence of salvors — Damage to vessel exceeding salvors' proper remuneration — Whether owners of salved vessel entitled to counterclaim for damages — Whether salvors entitled to limit liability — Whether diver's negligence in water act of person “on board” the ship — Whether act in “management of the ship” — Whether set-off between claim for salvage and counterclaim for damages — Whether whole of salvage claim to be set off — Merchant Shipping Act 1894, s 503 (1) (as amended by the Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s 2 (1))

  ADMIRALTY — Salvage — Award — “No cure — No pay” principle — Basis of salvage reward — Salvors' liability for negligence

  PRACTICE — Set-off — Counterclaim — Salvage award — Counterclaim for damages — Whether operating by way of set-off — Whether set-off before right to limit arises

  SHIPPING — Limitation of liability — Salvage — Negligence of salvor's diver — Whether act of “person on board the ship” — Whether act in the “management of the ship” — Merchant Shipping Act, 1894, s 503 (1) — Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s 2 (1)

  38 Case(s) considered

  2 Words & Phrases considered

• S (orse P) v S

  24 Feb 1970 [1970] P 208; [1970] 3 WLR 40; [1970] 2 All ER 251, PDA

  HUSBAND AND WIFE — Nullity — Petition for divorce
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Nullity — Petition for divorce — Cross petition for — Whether issue of nullity should be disposed of first

  3 Case(s) considered
• Tinker v Tinker

  03 Dec 1969 [1970] P 136; [1970] 2 WLR 331; [1970] 1 All ER 540, CA

  Subsequent considerations : 2 neutral; 3 negative. Subsequent citations: 28.
  HUSBAND AND WIFE — Act of 1882, s 17 — Matrimonial home

  PRESUMPTION — Ownership — Property
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Act of 1882, s 17 — Matrimonial home — Shares of husband and wife — House bought by husband in wife's name — Husband's intention to avoid creditors taking house if new business failed — Husband acting on legal advice — Subsequent breakdown of marriage — Application under Act of 1882 — Husband found to be honest and solvent business man — Whether presumption of gift of house to wife rebuttable

  PRESUMPTION — Ownership — Property — House bought in wife's name and conveyed to her — Intention of husband to safeguard house against creditors if new business venture failed — Subsequent breakdown of marriage — Registrar's finding that husband honest — Whether rebuttal of presumption of advancement

  3 Case(s) considered
• The World Beauty

  10 Apr 1968 [1969] P 12; [1968] 3 WLR 929; [1968] 2 All ER 673; [1968] 1 Lloyd's Rep 507, PDA

  19 Mar 1969 [1970] P 144; [1969] 3 WLR 110; [1969] 3 All ER 158; [1969] 1 Lloyd's Rep 350, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 13.
  DAMAGES — Mitigation — Damage to vessel under charter

  DAMAGES — Mitigation — Profits earned as result of mitigating acts

  SHIPPING — Collision — Damages for detention
  Expand

  Case index catchwords

  DAMAGES — Mitigation — Damage to vessel under charter — Commencement of profitable hiring advanced — Whether profit accruing from act done in mitigation of damage or from previously negotiated contract — Valuation of benefit of accelerated receipt

  DAMAGES — Mitigation — Profits earned as result of mitigating acts — Relevance of

  SHIPPING — Collision — Damages for detention — Vessel damaged under charter — Mitigation of damage — Commencement of profitable hiring advanced — Measure of damages — Principle of assessment

  6 Case(s) considered
• P v P and J

  27 Jun 1969 [1970] P 161; [1970] 2 WLR 43; [1969] 3 All ER 511, PDA

  15 Dec 1970 [1971] P 217; [1971] 2 WLR 510; [1971] 1 All ER 616, CA

  Subsequent considerations : 3 positive; 1 neutral; 2 negative. Subsequent citations: 13.
  HUSBAND AND WIFE — Divorce — Children

  HUSBAND AND WIFE — Divorce — Decree absolute
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Children — Declaration as to welfare — Child born between decree nisi and decree absolute — Decree absolute made in absence of declaration as to welfare — Whether “relevant child” — Whether decree absolute void — Matrimonial Proceedings (Children) Act, 1958, s 2 — Matrimonial Causes Act, 1965, s 33

  HUSBAND AND WIFE — Divorce — Decree absolute — Validity — Child born between decree nisi and decree absolute — Decree made absolute in absence of declaration as to child's welfare — Whether decree absolute valid — Matrimonial Causes Act 1965, s 33 (1)

  7 Case(s) considered

  1 Words & Phrases considered

  4 Statutes considered

• The Pantanassa

  16 Dec 1969 [1970] P 187; [1970] 2 WLR 981; [1970] 1 All ER 848; [1970] 1 Lloyd's Rep 153, PDA

  SHIPPING — Charterparty — Freight
  Expand

  Case index catchwords

  SHIPPING — Charterparty — Freight — Freight payable in cash on arrival of ship — Salvage services rendered to ship and cargo — Whether freight at risk of charterers or cargo-owners

  1 Case considered

• Turczak v Turczak

  02 May 1969 [1970] P 198; [1969] 3 WLR 1046; [1969] 2 All ER 317, PDA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Maintenance — Wilful neglect to maintain
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Wilful neglect to maintain — Cruelty, as — Jurisdiction to make order — Marriage not subsisting at time of hearing — Maintenance application by wife — Marriage terminated by foreign decree between issue of summons and date of hearing — Jurisdiction court — Matrimonial Causes Act, 1965, s 22

  1 Statute considered
• Roberts v Roberts (1968)

  31 Jul 1968 [1970] P 1; [1968] 3 WLR 1181; [1968] 3 All ER 479, DC

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 7.
  HUSBAND AND WIFE — Justices — Quantum of maintenance
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Justices — Quantum of maintenance — Husband with mistress — Husband living with and maintaining mistress and her children — Whether allowable outgoing — Whether wife's claim to be postponed to that of mistress — “Circumstances of the case” — Matrimonial Proceedings (Magistrates' Courts) Act, 1960, s 2 (1) (b)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Navas v Navas

  24 Jan 1968 [1970] P 159; [1969] 3 WLR 437; [1969] 3 All ER 677, PDA

  HUSBAND AND WIFE — Divorce — Jurisdiction
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Jurisdiction — Residence, based on — Whether residence must be residence as a “wife” for three years — “Proceedings by a wife” — “Resident” — Matrimonial Causes Act, 1965, s 40 (1)

  3 Words & Phrases considered

  1 Statute considered