Results: 130

• Cia Naviera Azuero SA v British Oil & Cake Mills Ltd

  08 Apr 1957 [1957] 2 WLR 997, QBD

  08 Apr 1957 [1957] 2 QB 293, QBD

  Subsequent considerations : 1 neutral.
  SHIPPING — Charterparty — Demurrage
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  Case index catchwords

  SHIPPING — Charterparty — Demurrage — “Weather working days” — Meaning — Rain during period when no work being done or contemplated — “Laydays in loading and discharging to be calculated on the basis of 24 hours per day.”
• Melias Ltd v Preston

  24 May 1957 [1957] 2 QB 380, DC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  WEIGHTS AND MEASURES — Offence — “Actual offender”

  JUDICIAL PRECEDENT — Divisional Court decision — Per incuriam
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  Case index catchwords

  WEIGHTS AND MEASURES — Offence — “Actual offender” — Conviction of a company — Liability of manager — Sale of Food (Weights and Measures) Act, 1926 (16 & 17 Geo. 5, c. 63), ss. 4 (2), 12 (5).

  JUDICIAL PRECEDENT — Divisional Court decision — Per incuriam — Not binding on Divisional Court.

  1 Statute considered
• R v Beynon

  (1972) 57 Cr App R 259, CA

  03 Apr 1957 [1957] 2 WLR 956, Assizes

  03 Apr 1957 [1957] 2 QB 111, Assizes

  Subsequent considerations : 1 negative.
  CRIME — Criminal law — Plea

  CRIME — Costs — Appeal against sentence only
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  Case index catchwords

  CRIME — Criminal law — Plea — Fitness to plead — Whether the defence can require the general issue to be tried before the issue of fitness to plead.

  CRIME — Costs — Appeal against sentence only — Whether power to award costs to successful appellant — Criminal Appeal Act 1968, s 24 (1)
• West Riding County Council v Huddersfield Corpn

  06 Feb 1957 [1957] 2 WLR 428, QBD

  06 Feb 1957 [1957] 1 QB 540, QBD

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  LIMITATION OF ACTION — Local authority — Money claims made following alteration of boundaries
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  Case index catchwords

  LIMITATION OF ACTION — Local authority — Money claims made following alteration of boundaries — Arbitration 16 years after orders of Minister — Whether claims within provisions of Limitation Act and statute barred — Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 151 — Limitation Act, 1939 (2 & 3 Geo. 6, c. 21), ss. 2 (1) (d), 27.

  2 Statutes considered
• St John Shipping Corpn v Joseph Rank Shipping Ltd

  29 Oct 1956 [1956] 3 WLR 870, QBD

  29 Oct 1956 [1957] 1 QB 267, QBD

  Subsequent considerations : 2 positive. Subsequent citations: 52.
  SHIPPING — Load line — Overloading

  CONTRACT — Illegality — Contract prohibited by statute.
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  Case index catchwords

  SHIPPING — Load line — Overloading — Contravention of statute — Effect on contract of carriage — Whether shipowner entitled to recover freight — Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 & 23 Geo. 5, c. 9), ss. 44, 57.

  CONTRACT — Illegality — Contract prohibited by statute.
• Barnsley Corpn v Lancashire County Council

  18 Oct 1956 [1956] 3 WLR 820, QBD

  18 Oct 1956 [1957] 1 QB 123, DC

  Subsequent considerations : 1 positive.
  CHILDREN AND YOUNG PERSONS — Approved school order — Residence
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  Case index catchwords

  CHILDREN AND YOUNG PERSONS — Approved school order — Residence — Child resident in institution when order made — Home in which he lived before entering institution no longer in existence — Appropriate authority to be named in approved school order — Children and Young Persons Act, 1933 (23 Geo. 5, c. 12), ss. 70 (2) and proviso, 90 (2).

  CHILDREN AND YOUNG PERSONS — Approved school order — Residence — Child resident in institution when order made — Home in which he lived before entering institution no longer in existence — Appropriate authority to be named in approved school order — Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), ss. 70 (2) and proviso, 90 (2).

  2 Statutes considered
• Balfour v Barty-King

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 2.
• Behrens v Bertram Mills Circus Ltd

  30 Jan 1957 [1957] 2 QB 1; [1957] 2 WLR 404, QBD

  Subsequent considerations : 1 negative; most recently considered: 1958. Subsequent citations: 9.
  ANIMAL — Ferae naturae — Elephant

  DAMAGES — Personal injuries — Husband and wife

  JUDICIAL PRECEDENT — Ratio decidendi — Two reasons for decision

  RYLANDS V FLETCHER — Rylands v Fletcher — Volenti non fit injuria
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  Case index catchwords

  ANIMAL — Ferae naturae — Elephant — Whether ferae naturae — Liability of owner for acts of animal ferae naturae not flowing from savage disposition — Whether wrongful act of third party a defence — Midget injured when booth in funfair knocked down by elephant — Elephant irritated by dog introduced into booth by third party — Prohibition against introduction of dogs — Tame Burmese circus elephant — Midgets licensees of booth — Knowledge by midgets that elephants passing booth — Applicability of maxim volenti non fit injuria.

  DAMAGES — Personal injuries — Husband and wife — Both midgets — Choice of husband not to work while wife incapacitated — Exceptional dependence of married midgets upon each other — Choice reasonable — Husband entitled to recover loss of earnings during period of wife's incapacity.

  JUDICIAL PRECEDENT — Ratio decidendi — Two reasons for decision — Both binding.

  RYLANDS V FLETCHER — Rylands v Fletcher — Volenti non fit injuria

• Addiscombe Garden Estates Ltd v Crabbe

  11 Apr 1957 [1957] 2 QB 615; [1957] 2 WLR 964, QBD

  15 Nov 1957 [1958] 1 QB 513; [1957] 3 WLR 980, CA

  Subsequent citations: 14.
  LANDLORD AND TENANT — Business premises (security of tenure) — “Business”

  LICENCE OR TENANCY — Exclusive occupation Members' club — Exclusive occupation
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — “Business” — Members' club — “Any activity carried on by a body of persons, whether corporate or unincorporate” — Lawn tennis club occupying clubhouse and tennis courts under agreement — Interest of occupiers — Whether tenants or licensees — Club registered under Industrial and Provident Societies Act, 1893, to carry on business of lawn tennis club — Whether business tenancy Landlord and Tenant Act, 1954 (2 & 3 Eliz. 2, c. 56), Part II, s. 23 (2).

  LICENCE OR TENANCY — Exclusive occupation Members' club — Exclusive occupation — Materiality.

  2 Statutes considered

• Paddington Borough Council v War Damage Commission

  29 Oct 1956 [1957] 1 QB 294; [1956] 3 WLR 911, CA

  COMPULSORY PURCHASE — Compensation — War-damaged property

  WAR — War damage — Cost of works payment
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  Case index catchwords

  COMPULSORY PURCHASE — Compensation — War-damaged property — Total destruction of premises — Determination to make cost of works payment — Notional reinstatement — Assessment of compensation “If the damage had been made good” — Meaning — Town and Country Planning Act, 1947 (10 & 11 Geo. 6, c. 51), s. 53.

  WAR — War damage — Cost of works payment — Total loss — Discretion to make cost of works payment exercised — Decision communicated to landowner — Damage not made good — Compulsory purchase — Whether decision binding — War Damage Act, 1943 (6 & 7 Geo. 6, c. 21), ss. 8, 20 (1).

  1 Statute considered