Results: 113

• R v Folkestone Rent Tribunal, Ex Parte Webb

  01 May 1953 [1954] 1 QB 454, DC

  LORD GODDARD C.J. The case raises the familiar question whether premises are business premises or whether they are a dwelling-house. It is a question whether or not section 3 (3) of the Rent and Mortgage Interest Restrictions Act, 1939, applies. Section 3 (3) provides: “Subject to the provisions of paragraph (a) of the last preceding subsection, the application of the principal Acts, by virtue of this section, to any dwelling-house shall not be excluded by reason only that part of the premises is used as a shop or office or for business, trade or professional purposes; and for the purposes

• Roe v Minister of Health

  12 Nov 1953 [1954] 2 QB 66; [1954] 1 WLR 128, QBD

  12 Nov 1953 [1954] 2 QB 66; [1954] 2 WLR 915, CA

  Subsequent citations: 18.
  NEGLIGENCE — Onus of proof — Res ipsa loquitur

  HOSPITAL — Negligence. Vicarious Liability. Causation. Damages — Remoteness. Negligence
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  NEGLIGENCE — Onus of proof — Res ipsa loquitur — Operation under control of two persons — Hospital — Anaesthetist — Operations — Injection of spinal anaesthetic — Ampoule cracked — Contamination by phenol — Plaintiffs permanently paralysed — Liability of hospital for acts of specialist anaesthetist — Respondent superior — Liability of anaesthetist.

  HOSPITAL — Negligence. Vicarious Liability. Causation. Damages — Remoteness. Negligence — Duty of care.

  2 Case(s) considered
• R v Industrial Disputes Tribunal, Ex parte Technaloy Ltd

  16 Feb 1954 [1954] 2 QB 46; [1954] 2 WLR 932, CA

  Subsequent considerations : 1 neutral.
  TRADE DISPUTE — Industrial Disputes Tribunal — Jurisdiction
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  TRADE DISPUTE — Industrial Disputes Tribunal — Jurisdiction — Report by union on behalf of workmen — Reference of matter to tribunal by Minister as a “dispute” — Whether employer bound by national agreement as to increase of wages and holidays — Employer not members of federation — Distinction between “dispute” and “issue” — Industrial Disputes Order, 1951 (S.I. 1951, No. 1376), arts. 1 and 2.

  1 Statutory Instrument considered

• R v Algar

  16 Nov 1953 [1954] 1 QB 279; [1953] 3 WLR 1007, CCA

  Subsequent citations: 4.
  CRIME — Criminal law — Evidence
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  CRIME — Criminal law — Evidence — Witnesses — Competency — Husband and wife — Nullity — Voidable marriage — Criminal offences committed by husband during coverture — Nullity decree — Prosecution — Whether wife competent to give evidence against former husband.
• R v York, Harrogate, Ripon and Northallerton Areas Rent Tribunal, Ex parte Ingle

  29 Jan 1954 [1954] 2 WLR 294, QBD

  29 Jan 1954 [1954] 1 QB 456, DC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  LANDLORD AND TENANT — Rent tribunal — Furnished premises
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  LANDLORD AND TENANT — Rent tribunal — Furnished premises — Business premises — Boarding-house — Tenant residing in basement — Jurisdiction of rent tribunal to fix rent — Application of Rent Restriction Acts definition of “dwelling-house” — Furnished Houses (Rent Control) Act, 1946 (9 & 10 Geo. 6, c. 34), s. 1.

  LANDLORD AND TENANT — Rent tribunal — Furnished premises — Business premises — Boarding-house — Tenant residing in basement — Jurisdiction of rent tribunal to fix rent — Application of Rent Restriction Acts definition of “duelling-house” — Furnished Houses (Rent Control) Act, 1946 (9 & 10 Geo. 6, c. 34), s. 2 (1).

  2 Statutes considered

• Eales v Dale

  03 Mar 1954 [1954] 1 QB 539, CA

  LANDLORD AND TENANT — Rent restriction — Premium
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  LANDLORD AND TENANT — Rent restriction — Premium — Price of furniture — Grant of tenancy — Furniture to be purchased by tenant — Whether price in excess of “the reasonable price” — Landlord and Tenant (Rent Control) Act, 1949 (12, 13 & 14 Geo. 6, c. 40), ss. 2 and 3.

  1 Statute considered

• Frost v John Summers & Sons Ltd

  19 Mar 1954 [1954] 2 QB 21, CA

  FACTORY — Dangerous machinery — Fencing

  STATUTORY DUTY — Breach — Contributory negligence.
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  FACTORY — Dangerous machinery — Fencing — Grindstone — Duty to fence securely though rendering machinery unusable — Alleged negligence of operative — Factories Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 67), s. 14 (1).

  STATUTORY DUTY — Breach — Contributory negligence.

  1 Statute considered
• Shave v Rosner

  06 May 1954 [1954] 2 WLR 1057, QBD

  06 May 1954 [1954] 2 QB 113, DC

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 6.
  ROAD TRAFFIC — Dangerous condition — User of motor vehicle in

  CAUSATION — Causation. “causes or permits.”
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  ROAD TRAFFIC — Dangerous condition — User of motor vehicle in — Condition due to negligent repair by garage mechanics — Unwitting use on road by owner — Whether garage proprietor criminally liable — Whether garage proprietor “caused” vehicle to be used on road in dangerous condition — “Causes or permits to be used” — Motor Vehicles (Construction and Use) Regulations, 1951 (S.I. 1951, No. 2101), regs. 72 (1), 101.

  CAUSATION — Causation. “causes or permits.”

  ROAD TRAFFIC — Dangerous condition — User of motor vehicle in — Condition due to negligent repair by garage mechanics — Unwitting use on road by owner — Whether garage proprietor “caused” vehicle to be used on road in dangerous condition — “Causes or permits to be used” — Motor Vehicles (Construction and Use) Regulations, 1951 (S.I. 1951, No. 2101), regs. 72 (1), 101.

  2 Statutory Instruments considered
• AB (An Infant), In re

  Subsequent considerations : 2 positive; 2 neutral; 1 negative. Subsequent citations: 8.

• Duchin v Swanage Urban District Council

  09 Jul 1954 [1954] 2 QB 308, QBD

  PRACTICE — Practice and procedure — Writ
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  Case index catchwords

  PRACTICE — Practice and procedure — Writ — Renewal — Order for renewal indorsed on affidavit prior to last day for renewal — Writ resealed after last day for renewal — Renewal effected by resealing — Indorsement on affidavit insufficient to keep writ alive — R.S.C., Ord. 8, r. 1; Ord. 28, r. 11.

  1 Statutory Instrument considered