Results: 150

• Building & Civil Engineering Holidays Scheme Management Ltd v Post Office

  28 Feb 1964 [1964] 2 QB 430; [1964] 2 WLR 967; [1964] 2 All ER 25, QBD

  17 Nov 1964 [1966] 1 QB 247; [1965] 2 WLR 72; [1965] 1 All ER 163, CA

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 11.
  CONVERSION — Damages — Measure of

  CROWN PROCEEDINGS — Post Office — Statutory liability

  DAMAGES — Market value — Document
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  Case index catchwords

  CONVERSION — Damages — Measure of — Additional liability flowing from conversion — Whether recoverable — Loss of document — Privately issued stamps lost in post

  CROWN PROCEEDINGS — Post Office — Statutory liability — Registered inland postal packet — Negligent loss of packet — Basis of cause of action — Privately issued stamps bearing face value — “Market value” — Whether face value — Crown Proceedings Act, 1947, s 9 (2) (b)

  DAMAGES — Market value — Document — Additional liability flowing from conversion — Whether recoverable

  DAMAGES — Market value — Document — Privately issued stamps bearing face value — Negligent loss by Post Office — Probability of future loss — Whether “market value” face value — Crown Proceedings Act, 1947, s 9 (2) (b)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Societe Cooperative Sidmetal v Titan International Ltd

  14 Jul 1965 [1966] 1 QB 828; [1963] 3 WLR 847; [1965] 3 WLR 847; [1965] 3 All ER 494; [1965] 2 Lloyd's Rep 313, QBD

  Subsequent citations: 8.
  CONFLICT OF LAWS — Foreign judgment — Act of 1933

  STATUTE — Construction — Whether Act embodies principles of common law
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  Case index catchwords

  CONFLICT OF LAWS — Foreign judgment — Act of 1933 — Action in personam — Action in Belgium against English company — No submission to foreign jurisdiction — Judgment against company — Registration of judgment — Principle of registration under Act — Foreign Judgments (Reciprocal Enforcement) Act, 1933, s 4 (2)

  STATUTE — Construction — Whether Act embodies principles of common law — Whether Act based on principle of comity of nations — Object of Act — Foreign Judgments (Reciprocal Enforcement) Act, 1933, ss 1, 4

  6 Case(s) considered

  1 Statute considered

• Hale v Victoria Plumbing Co Ltd

  22 Apr 1966 [1966] 2 QB 746; [1966] 3 WLR 47; [1966] 2 All ER 672, CA

  Subsequent citations: 6.
  PRACTICE — Garnishee proceedings — Counterclaim
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  Case index catchwords

  PRACTICE — Garnishee proceedings — Counterclaim — Garnishee's counterclaim arising out of same transaction as judgment debt — Counterclaim not the subject of any legal proceedings by garnishee — Whether available to defeat garnishee proceedings — RSC (Rev 1965), Ord 18, r 17 — RSC (Rev 1962), Ord 45, r 4

  2 Case(s) considered

  2 Statutory Instruments considered

• Haygarth v J & F Stone Lighting & Radio Ltd (Stone (J & F) Lighting & Radio Ltd v Haygarth)

  04 May 1965 [1966] 1 QB 91; [1965] 3 WLR 316; [1965] 2 All ER 662; 63 LGR 303, DC

  20 Oct 1966 [1968] AC 157; [1966] 3 WLR 879; [1966] 3 All ER 539; 65 LGR 1; 1 KIR 417, HL(E)

  Subsequent citations: 2.
  FACTORY — Definition — Premises partly used for repairs
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  FACTORY — Definition — Premises partly used for repairs — Sale and hire of radio and television sets carried out in shop — Repairs carried out by employee in separate workroom — Whether “manual labour” — Whether premises a factory — Factories Act, 1961, s 175 (1)

  8 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R v McDonnell

  20 May 1965 [1966] 1 QB 233; [1965] 3 WLR 1138; [1966] 1 All ER 193, Assizes

  Subsequent citations: 13.
  COMPANY — Psyche — Conspiracy to defraud

  CRIME — Conspiracy — Company, with

  CRIME — Conspiracy — Indictment

  CRIME — Indictment — Count, framing of
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  Case index catchwords

  COMPANY — Psyche — Conspiracy to defraud — Director sole person responsible for acts of company — Whether director can conspire with company

  CRIME — Conspiracy — Company, with — “One man” company — Defendant sole person responsible for acts of company — Whether a conspiracy between defendant and company

  CRIME — Conspiracy — Indictment — “Rolled-up charge” — Undesirability

  CRIME — Indictment — Count, framing of — Committal for trial on charges of conspiracy with company “and with others unknown” — “And with others unknown” omitted from counts in indictment — Whether a substantial departure from charges — Whether ground for quashing indictment — Whether sufficient evidence disclosed on deposition to support charge — “The offence” — Administration of Justice (Miscellaneous Provisions) Act, 1933, s 2 (2)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Judd v Minister of Pensions and National Insurance

  04 Oct 1965 [1966] 2 QB 580; [1966] 2 WLR 218; [1963] 3 All ER 642; [1965] 3 All ER 642, QBD

  Subsequent considerations : 1 neutral; 1 negative.
  BURDEN OF PROOF — Pensions claim under Royal Warrant — Burden on Crown

  JUDICIAL PRECEDENT — Pensions claim under Royal Warrant — Whether doctrine of stare decisis applicable

  MILITARY LAW — Pension — Burden of proof
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  Case index catchwords

  BURDEN OF PROOF — Pensions claim under Royal Warrant — Burden on Crown — Civil or criminal standard of onus of proof — “Benefit of any reasonable doubt” to be given to claimant — Royal Warrant, 1949, art 4 (2) (3)

  JUDICIAL PRECEDENT — Pensions claim under Royal Warrant — Whether doctrine of stare decisis applicable — Not applicable “in its full vigour”

  MILITARY LAW — Pension — Burden of proof — Injury sustained during war service — Condition of “cervical spondylosis” diagnosed subsequent to discharge — Whether condition attributable or aggravated by earlier injury — Whether “benefit of any reasonable doubt … given to … claimant “ — Standard of proof — Royal Warrant, 1949, art 4 (2) (3)

  6 Case(s) considered

  1 Words & Phrases considered
• Empson v Smith

  26 May 1965 [1966] 1 QB 426; [1965] 3 WLR 380; [1965] 2 All ER 881, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 16.
  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity

  PRACTICE — Revival of proceedings — Change of law

  STATUTE — Retroactive effect — Diplomatic immunity
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  Case index catchwords

  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Act of 1964 — Waiver — Technical administrative officer — Tenancy agreement with officer employed by diplomatic mission — Alleged breach of agreement — Action for damages stayed on production of certificate that tenant a member of mission staff — Act modifying privilege of technical and administrative officers — Act passed while action subsisting — Effect — Diplomatic Immunity (Commonwealth Countries and Republic of Ireland) Act, 1952, s 1 (3) — Diplomatic Privileges Act, 1964, s 4, Sch 1, arts 31, 37

  PRACTICE — Revival of proceedings — Change of law — Action stayed on ground of diplomatic immunity — Change in law possibly depriving defendant of immunity — Whether action still subsisting — Whether action to be tried — Diplomatic Privileges Act, 1964, s 4, Sch 1, arts 31, 37

  STATUTE — Retroactive effect — Diplomatic immunity — Act limiting immunity to acts done in course of duty — Whether procedural — Effect on subsisting action stayed on ground of immunity — Diplomatic Privileges Act, 1964, art 37

  3 Case(s) considered

  2 Statutes considered
• C Czarnikow Ltd v Koufos (The Heron II)

  02 Dec 1965 [1966] 1 Lloyd's Rep 259, QBD (McNair J)

  05 Apr 1966 [1966] 2 QB 695; [1966] 2 WLR 1397; [1966] 2 All ER 593; [1966] 1 Lloyd's Rep 595, CA

  17 Oct 1967 [1969] 1 AC 350; [1967] 3 WLR 1491; [1967] 3 All ER 686; [1967] 2 Lloyd's Rep 457, HL(E)

  Subsequent considerations : 5 positive; 3 neutral. Subsequent citations: 87.
  DAMAGES — Remoteness — Shipping

  JUDICIAL PRECEDENT — Decision long undisturbed — Shipping

  JUDICIAL PRECEDENT — United States decision, — Commercial law

  SHIPPING — Charterparty — Damages
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  Case index catchwords

  DAMAGES — Remoteness — Shipping — Breach of charterparty — Delayed delivery of goods — Measure of damages

  JUDICIAL PRECEDENT — Decision long undisturbed — Shipping — 90 years' old case cited in leading textbooks — Based on different conditions of ocean transport — Whether to be followed

  JUDICIAL PRECEDENT — United States decision, — Commercial law — Desirability of uniformity — Measure of damages for delayed delivery of goods under charterparty

  SHIPPING — Charterparty — Damages — Remoteness of damage — Deviation by ship — Delay in voyage — Fall in market price of goods — Whether damages limited to interest on value of cargo — Whether damages decline in value of goods between due delivery and actual delivery — Measure of damages

  9 Case(s) considered
• R v Industrial Injuries Comr, Ex parte Amalgamated Engineering Union

  17 Nov 1965 [1966] 2 QB 21; [1966] 2 WLR 91; [1966] 1 All ER 97, CA

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  COURT OF APPEAL — Jurisdiction — Crown practice

  JUDICIAL PRECEDENT — Statute — Construction
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  Case index catchwords

  COURT OF APPEAL — Jurisdiction — Crown practice — Prerogative orders — Original jurisdiction — Leave to apply for certiorari refused by Divisional Court — Leave granted by Court of Appeal — Whether jurisdiction in Court of Appeal to hear original application — Long-standing practice of court granting leave to hear application — No special provision in Rules of Supreme Court covering practice — Advantage of practice in simplifying procedure — Juridiction assumed under statute based on former practice — RSC, Ord 59, r 5 — Supreme Court of Judicature (Consolidation) Act, 1925, s 32

  JUDICIAL PRECEDENT — Statute — Construction — Prior enactment — Similar words — House of Lords decision — Whether binding — Workmen's Compensation Acts — National Insurance (Industrial Injuries) Act, 1946

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R v Industrial Injuries Comr, Ex parte Humphreys

  19 May 1965 [1965] 2 QB 412; [1965] 3 WLR 456; [1965] 2 All ER 903, DC

  Subsequent citations: 1.
  LORD PARKER C.J. In these proceedings Mr. David moves on behalf of the applicant, Jack Humphreys, the claimant, for an order of certiorari to bring up and quash a decision of the deputy Industrial Injuries Commissioner dated July 21, 1964, whereby he affirmed on appeal a decision of the local tribunal dismissing a claim by the claimant for special hardship allowance under the National Insurance (Industrial Injuries) Act, 1946. The short facts were these. This claimant was at all material times a collier and ripper underground in the Wrexham district. On September 16, 1959, he met with an industrial accident
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  1 Case considered

  1 Words & Phrases considered

  1 Statute considered