Results: 128

• R v Chertsey Justices, Ex parte Franks

  14 Feb 1961 [1961] 2 QB 152; [1961] 2 WLR 442; [1961] 1 All ER 825; 59 LGR 260, DC

  Subsequent citations: 4.
  CROWN PRACTICE — Certiorari — Error of law on face of record

  JUSTICES — Limitation — Continuing offence

  TOWN PLANNING — Enforcement notice — Prosecution for non-compliance
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  Case index catchwords

  CROWN PRACTICE — Certiorari — Error of law on face of record — Oral decision — Fine based by justices on misconception of law — Written register of conviction — Oral decision a speaking order

  JUSTICES — Limitation — Continuing offence — Town planning — Breach of enforcement notice — Breaches more than six months prior to date of information

  TOWN PLANNING — Enforcement notice — Prosecution for non-compliance — Continuing offence — Information charging further offences not heard until more than six months after date — Penalty dated back to previous conviction — Town and Country Planning Act, 1947, s 24 (3) — Magistrates' Courts Act, 1952, s 104

  2 Case(s) considered

  2 Statutes considered

• Clapham v National Assistance Board

  01 Mar 1961 [1961] 2 QB 77; [1961] 2 WLR 448; [1961] 2 All ER 50; 59 LGR 312, DC

  AFFILIATION — National assistance — Application by board against putative father
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  Case index catchwords

  AFFILIATION — National assistance — Application by board against putative father — Complaint by mother — Appeal against affiliation order allowed by quarter sessions on the merits — Subsequent complaint by National Assistance Board — Whether entertainable — National Assistance Act, 1948, s 44

  2 Case(s) considered

  1 Statute considered

• Clarke v Hall

  21 Mar 1961 [1961] 2 QB 331; [1961] 2 WLR 836; [1961] 2 All ER 365, QBD

  Subsequent citations: 1.
  AGRICULTURAL HOLDING — Death of tenant — Effect
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  Case index catchwords

  AGRICULTURAL HOLDING — Death of tenant — Effect — Tenancy assigned before death — Whether original tenant or assignee “tenant with whom the contract of tenancy was made” — “Tenant” — Meaning — Agricultural Holdings Act, 1948, s 24 (2) (g)

  1 Words & Phrases considered

• Horton v Horton (No 2)

  01 Nov 1960 [1961] 1 QB 215, CA

  ORMEROD L.J. I will ask Upjohn L.J. to give the first judgment. UPJOHN L.J. The question which falls for consideration is as to payments which are due from the husband to the wife under certain documents dealing with their separation. [His Lordship stated the facts set out above, and continued:] The effect of the supplemental memorandum, if it is enforceable, is to change the obligation of the husband from paying £30 a month less tax to the wife, into an obligation on him to pay £30 a month tax free, using that expression as meaning such a sum as after
• Meek v Fleming

  26 Jun 1961 [1961] 2 QB 366; [1961] 3 WLR 532; [1961] 3 All ER 148, CA

  Subsequent considerations : 1 positive. Subsequent citations: 13.
  BARRISTER — Duty to court — Disclosure

  EVIDENCE — Fresh evidence — Court of Appeal
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  Case index catchwords

  BARRISTER — Duty to court — Disclosure — Duty to court not to conceal matters to discredit of client relevant to issue for determination

  EVIDENCE — Fresh evidence — Court of Appeal — Credit — Deception of court — Defendant senior police officer — Trial by jury — Defendant reduced in rank for misconduct before trial of action — Demotion concealed from judge, jury and plaintiff — Credit of parties material for determination of issue — Whether defendant entitled to retain judgment

  6 Case(s) considered

• R v Epsom Justices, Ex parte Dawnier Motors Ltd

  28 Oct 1960 [1961] 1 QB 201, DC

  LORD PARKER C.J. The court dismisses both these motions, but since both sides have asked us to decide a rather obscure point, we will take time and give our reasons at a later date. October 28. LORD PARKER C.J. read the following judgment: On October 5, 1959, Mr. Crowther moved on behalf of the applicants, Dawnier Motors Ltd., first, for an order of certiorari to bring up and quash an order made by the justices of the Petty Sessional Division of Epsom on May 11, 1959, convicting the applicants of an offence against section 2 (2) of the Merchandise Marks
• Ingram v Little

  28 Jul 1960 [1960] 3 WLR 504, CA

  28 Jul 1960 [1961] 1 QB 31, CA

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 9.
  CONTRACT — Mistake — Mistake as to identity
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  Case index catchwords

  CONTRACT — Mistake — Mistake as to identity — Sale of car to purchaser physically present — Purchaser impersonated reputable businessman — Offer and acceptance — To whom was offer addressed — Whether mistake vitiated contract — Whether contract void or voidable.
• Johnson v J Stone & Co (Charlton) Ltd

  22 Feb 1961 [1961] 1 WLR 849; [1961] 1 All ER 869; 59 LGR 344, QBD

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  FACTORY — Dangerous machinery (fencing) — Tool held by operator, contact with
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  Case index catchwords

  FACTORY — Dangerous machinery (fencing) — Tool held by operator, contact with — Duty to fence against workpiece coming into contact with moving machinery — Band saw — Pulley wheel partly exposed — Casting handled by operator coming in contact with revolving wheel — Whether dangerous part of machinery — Whether duty to fence — Factories Act, 1937, s 14 (1)

  6 Case(s) considered

  1 Statute considered

• Morrison Rose & Partners v Hillman

  07 Jun 1961 [1961] 2 QB 266; [1961] 3 WLR 301; [1961] 2 All ER 891, CA

  Subsequent citations: 2.
  ESTOPPEL — Per rem judicatam — Writ, prior issue of
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  Case index catchwords

  ESTOPPEL — Per rem judicatam — Writ, prior issue of — Architect — Claim for fees — Terms of oral contract — Finding by tribunal of fact in plaintiffs' favour — Judgment delivered after issue of writ in second action between same parties raising same issues — Amendment of plaintiffs' reply in second action to allege estoppel per rem judicatam — Whether plea maintainable — RSC, Ord 24

  4 Case(s) considered

  1 Statutory Instrument considered

• Weston v Lawrence Weaver Ltd

  16 Jan 1961 [1961] 1 QB 402; [1961] 2 WLR 192; [1961] 1 All ER 478, QBD

  EASEMENT — Right of way — Excessive user
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  Case index catchwords

  EASEMENT — Right of way — Excessive user — Damage by one dominant owner to servient tenement — Whether other dominant owner entitled to sue him for physical damage to servient tenement