Results: 193

• R v East Grinstead Justices, Ex parte Doeve

  21 Aug 1968 [1969] 1 QB 136; [1968] 3 WLR 920; [1968] 3 All ER 666, DC

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 2.
  ALIEN — Deportation order — Power of justices
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  Case index catchwords

  ALIEN — Deportation order — Power of justices — Alien charged with and pleading guilty to breach of landing condition contrary to provisions of statutory Order — Justices requiring alien to enter into recognisances to leave United Kingdom in seven days — Order vesting deportation procedure in Home Secretary subject to safeguards — No provisions in Order entitling justices to require alien to deport himself — Justices' order quashed — Aliens Restriction Act, 1914, s 1 (1) (2) (as amended by Aliens Restriction (Amendment) Act, 1919, s 1) — Aliens Order, 1953, arts 25, 26 (1) (2) (as amended)

  1 Statute considered

  1 Statutory Instrument considered

• R v Woods

  17 Oct 1968 [1969] 1 QB 447; [1968] 3 WLR 1192; [1968] 3 All ER 709; 53 Cr App R 30, CA

  Subsequent citations: 6.
  CRIME — Practice — Alternative verdict

  CRIME — Receiving — Knowledge
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  Case index catchwords

  CRIME — Practice — Alternative verdict — Larceny and receiving — Breaking and entering and stealing — Whether allegation amounting to or including receiving “expressly or by implication” — Whether jurisdiction to convict of receiving — Necessity for specific count — Criminal Law Act, 1967, s 6 (3)

  CRIME — Receiving — Knowledge — “Pretty good idea” that goods stolen — Whether adequate direction

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• R v Wuyts

  17 Apr 1969 [1969] 2 QB 474; [1969] 3 WLR 1; [1969] 2 All ER 799; 53 Cr App R 417, CA

  Subsequent citations: 1.
  CRIME — Forgery — Possession of forged document
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  Case index catchwords

  CRIME — Forgery — Possession of forged document — Banknotes — Lawful authority or excuse — Forged notes retained to surrender to police — Notes not handed to police at first available opportunity — Excuse consistent with common law duty — Whether “lawful … excuse” — Whether offence absolute — Whether purpose of retention question for jury — Forgery Act, 1913, s 8 (1)

  1 Words & Phrases considered

  1 Statute considered
• Byrnlea Property Investments Ltd v Ramsay

  26 Feb 1969 [1969] 2 QB 253; [1969] 2 WLR 721; [1969] 2 All ER 311, CA

  Subsequent considerations : 1 positive. Subsequent citations: 9.
  CONTRACT — Formation — Offer and acceptance

  LANDLORD AND TENANT — Leasehold reform — Enfranchisement
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  Case index catchwords

  CONTRACT — Formation — Offer and acceptance — Statutory contract — Leasehold enfranchisement — Prescribed notice in alternative form — Desire for freehold or extended lease — Tenant's mistake known to landlords — Effect — Leasehold Reform Act, 1967, ss 1 (1), 5 (1), 8 (1), 14 (1), 34 (1) (2) (4), Sch 3

  LANDLORD AND TENANT — Leasehold reform — Enfranchisement — Act of 1967 — Tenant's notice — “Freehold or an extended lease” — Notice in alternative form — Tenant's mistake known to landlords — Effect on statutory contract — Leasehold Reform Act, 1967, ss 1 (1), 5 (1), 8 (1), 14 (1) (2) (4), Sch 3

  1 Statute considered
• R v Chapman (David)

  03 Mar 1969 [1969] 2 QB 436; [1969] 2 WLR 1004; [1969] 2 All ER 321; 53 Cr App R 336, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 7.
  ROAD TRAFFIC — Drink — Blood alcohol
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  Case index catchwords

  ROAD TRAFFIC — Drink — Blood alcohol — “Breath test” — “… if … person … required … to provide a specimen of breath … fails to do so …” — Whether failure to take test if device not inflated in one breath — Evidence by police that medical practitioner notified of proposal to require breath test and did not object — Whether police evidence hearsay and inadmissible — Road Safety Act, 1967, ss 2 (2), 3 (2)

  2 Words & Phrases considered

• R v Chief Immigration Officer Lympne Airport, Ex parte Amrik Singh

  03 Jul 1968 [1969] 1 QB 333; [1968] 3 WLR 945; [1968] 3 All ER 163, DC

  Subsequent citations: 4.
  COMMONWEALTH IMMIGRANT — Admission — Refusal of
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  Case index catchwords

  COMMONWEALTH IMMIGRANT — Admission — Refusal of — Exceptions — “Position to support himself … otherwise than by taking employment or engaging for reward in … business” — Immigrant arriving without funds — Relative undertaking support of immigrant throughout stay — Whether entitled to admission — Immigration officer suspecting visiting immigrant of intention to remain and seek work — Whether proper exercise of power of refusal — Commonwealth Immigrants Act, 1962, s 2 (1) (3)

  1 Words & Phrases considered

  1 Statute considered

• Norton v Knowles

  31 Oct 1967 [1969] 1 QB 572; [1968] 3 WLR 183; [1967] 3 All ER 1061, DC

  Subsequent citations: 4.
  LANDLORD AND TENANT — Harassment — Caravan
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  Case index catchwords

  LANDLORD AND TENANT — Harassment — Caravan — Residential occupation of caravan on piece of land for 10 years — Caravan not permanently attached to soil — Whether inference that an agreement that owner should occupy caravan on that land — Whether caravan and land together “premises” — Whether occupier of caravan “resident occupier” — Rent Act, 1965, s 30 (2) (5)

  1 Words & Phrases considered

  1 Statute considered

• R v Bradbury

  17 Jan 1969 [1969] 2 QB 471; [1969] 2 WLR 615; [1969] 2 All ER 758; 53 Cr App R 217, CA

  BURDEN OF PROOF — Criminal case — Burden on prosecution throughout

  CRIME — Summing up — Onus of proof
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  Case index catchwords

  BURDEN OF PROOF — Criminal case — Burden on prosecution throughout — Prosecution evidence calling for explanation by accused — No presumption of guilt raised in absence of explanation by accused

  CRIME — Summing up — Onus of proof — Prosecution evidence calling for explanation by defence — Jury directed that presumption of guilt raised in absence of explanation — Misdirection

  1 Case considered
• Engineering Industry Training Board v Samuel Talbot (Engineers) Ltd

  04 Dec 1968 [1969] 2 QB 270; [1969] 2 WLR 464; [1969] 1 All ER 480, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 3.
  COMPANY — Winding up — Execution

  EXECUTION — Company — Winding up

  STATUTE — Construction — Object of Act
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  Case index catchwords

  COMPANY — Winding up — Execution — Voluntary liquidation — Sale of goods by sheriff — Notice of meeting of creditors — Whether notice of meeting to pass resolution for voluntary winding up — Whether execution creditor or sheriff entitled to proceeds of sale — Companies Act, 1948, ss 293 (1), 326 (2)

  EXECUTION — Company — Winding up — Sale of goods seized by sheriff under writ of fieri facias — Whether notice of meeting of creditors notice of meeting for voluntary winding up — Title to proceeds of sale of goods — Companies Act, 1948, ss 293 (1), 326 (2)

  STATUTE — Construction — Object of Act — Whether prevails over literal meaning — Companies Act, 1948, s 326 (2)

  2 Case(s) considered

  1 Statute considered

• Garton v Hunter

  14 Nov 1968 [1969] 2 QB 37; [1969] 2 WLR 86; [1969] 1 All ER 451; 67 LGR 229, CA

  Subsequent citations: 6.
  EVIDENCE — Truth paramount — “Best evidence”

  RATING — Rateable value — Assessment of
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  Case index catchwords

  EVIDENCE — Truth paramount — “Best evidence” — Rating assessment — Well established dictum on “best evidence” in rating assessments out of date — All relevant evidence admissible

  RATING — Rateable value — Assessment of — Method of valuation — Evidence of value — “Best evidence” — Caravan site let at annual rent — Experts proffering valuations based on profits and contractor's basis — Tribunal rejecting as inadmissible evidence for parties where actual lease rent available — Whether misdirection — Whether well established dictum on “best evidence” in rating assessments out of date — Admissibility of all evidence assisting correct estimate of hypothetical rent for rating purposes — Rating and Valuation Act, 1925, s 22 (1) (b)

  1 Case considered

  1 Statute considered