Results: 119

• Evenden v Guildford City Association Football Club Ltd

  23 Jul 1974 [1974] ICR 554, NIRC

  25 Apr 1975 [1975] QB 917; [1975] 3 WLR 251; [1975] ICR 367; [1975] 3 All ER 269, CA

  Subsequent considerations : 2 positive; 3 negative. Subsequent citations: 19.
  EMPLOYMENT — Redundancy — Continuous employment

  ESTOPPEL — Conduct, by — Equitable
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  Case index catchwords

  EMPLOYMENT — Redundancy — Continuous employment — Employee changing employer after 13 years — Assurances from new employer that continuity of employment preserved — Dismissal for redundancy — Whether employers estopped from denying continuity — Whether presumption of continuity applicable — Redundancy Payments Act 1965, s 9 (2)

  ESTOPPEL — Conduct, by — Equitable — Promissory — Employee changing employer — Assurance from new employer that continuity of employment preserved — Whether promissory estoppel

  1 Case considered

  2 Statutes considered
• Wallersteiner v Moir (No 2) (Moir v Wallersteiner)

  Note to Scarman LJ's judgment [1975] QB 508, CA

  29 Jan 1975 [1975] QB 373; [1975] 2 WLR 389; [1975] 1 All ER 849, CA (Lord Denning, M.R., Buckley and Scarman L.JJ.)

  Subsequent considerations : 7 positive; 5 neutral; 2 negative. Subsequent citations: 92.
  COMPANY — Shareholder — Rights against company or directors

  INTEREST — Award of damages — Equitable jurisdiction

  LEGAL AID — Certificate — Eligibility

  SOLICITOR — Costs — Contingency fee agreement
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  Case index catchwords

  COMPANY — Shareholder — Rights against company or directors — Costs of action by minority shareholder — Derivative action on behalf of company — Whether plaintiff entitled to indemnity for costs — Procedure to be followed

  INTEREST — Award of damages — Equitable jurisdiction — Breach of fiduciary duty — Director's profit at company's expense — Whether compound interest recoverable — Judgment in default of pleadings — Whether proceedings “tried” — Law Reform (Miscellaneous Provisions) Act 1934, s 3 (1)

  LEGAL AID — Certificate — Eligibility — Minority shareholder's action on behalf of company — Whether plaintiff “person” entitled to legal aid — Legal Aid Act 1974, s 25

  SOLICITOR — Costs — Contingency fee agreement — Minority shareholder's action — Whether contingency fee contrary to public policy

  5 Case(s) considered

  2 Words & Phrases considered

• Davies v Whiteways Cyder Co Ltd

  22 May 1974 [1975] QB 262; [1974] 3 WLR 597; [1974] 3 All ER 168; [1974] 2 Lloyd's Rep 556, QBD

  Subsequent citations: 3.
  FATAL ACCIDENTS ACTS — Damages — Estate duty
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  Case index catchwords

  FATAL ACCIDENTS ACTS — Damages — Estate duty — Gifts by husband to wife and son inter vivos — Death of husband within seven years of making gifts — Estate duty paid on gifts — Whether loss of benefit accruing from relationship with deceased — Whether recoverable in damages — Fatal Accidents Act 1846, s 2

  3 Case(s) considered

  1 Statute considered
• Wallis’s Cayton Bay Holiday Camp Ltd v Shell-Mex and BP Ltd

  10 Jul 1974 [1975] QB 94; [1974] 3 WLR 387; [1974] 3 All ER 575, CA

  Subsequent considerations : 1 neutral; 2 negative. Subsequent citations: 14.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Disputed land adjoining garage awaiting development — New road behind to be constructed — User of land for 10 years for farming purposes — Subsequent two-year user as frontage for holiday camp — Whether owners dispossessed — Whether “adverse possession” — Limitation Act 1939, ss 4 (3), 10 (1), 13, 16

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• R v Halpin

  26 Mar 1975 [1975] QB 907; [1975] 3 WLR 260; [1975] 2 All ER 1124; 61 Cr App R 97, CA

  COMPANY — Annual return — File from Companies Register

  EVIDENCE — Documentary — Public document
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  Case index catchwords

  COMPANY — Annual return — File from Companies Register — Whether admissible in evidence in criminal proceedings — Companies Act 1948, s 124 (1)

  EVIDENCE — Documentary — Public document — Annual returns of limited company — Company's statutory duty to make accurate returns to Registrar of Companies — Official in registry filing record and preserving it for inspection by members of public — Whether file admissible in evidence — Companies Act 1948, s 124 (1)

  1 Case considered

  1 Statute considered

• The Esso Malaysia

  18 Mar 1974 [1975] QB 198; [1974] 3 WLR 341; [1974] 2 All ER 705; [1974] 2 Lloyd's Rep 143, QBD

  Subsequent citations: 2.
  FATAL ACCIDENTS ACTS — Shipping — Death at sea
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  Case index catchwords

  FATAL ACCIDENTS ACTS — Shipping — Death at sea — Russian seamen killed as result of collision between foreign ships in international waters — Whether jurisdiction in English court to entertain action for damages brought on behalf of dependants — Fatal Accidents Act 1846, ss 1, 2

  1 Case considered

  1 Statute considered

• R v Tower Hamlets London Borough Council, Ex parte Kayne-Levenson (Kayne-Levenson, Ex parte)

  (1974) 72 LGR 625, DC

  20 Dec 1974 [1975] QB 431; [1975] 2 WLR 164; [1975] 1 All ER 641; 73 LGR 64, CA

  METROPOLIS — Street trading — Licence
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  Case index catchwords

  METROPOLIS — Street trading — Licence — Nomination by licence holder of relative as successor — Statement on application form that nominee not to be licence holder — Whether correct — Whether street trader confined to one licence at one pitch — Whether placing on council's waiting list refusal of licence — Notification of right of appeal from refusal of licence — London County Council (General Powers) Act 1947, s 21 (2) (2A) (3) (5) (as amended by London County Council (General Powers) Act 1962, s 33) — London County Council (General Powers) Act 1958, s 37

  3 Case(s) considered

  2 Statutes considered

• Palmer v Peabody Trust

  05 Jul 1974 [1975] QB 604; [1974] 3 WLR 575; [1974] 3 All ER 355, DC

  Subsequent citations: 3.
  LANDLORD AND TENANT — Rent restriction — Rent assessment
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction — Rent assessment — “Fair rent” — Housing trust for working class tenants — Tenancy not protected by Rent Acts — Increase of rent — Whether security of tenure relevant consideration in determining fair rent — “Locality” to be considered — Whether matter for rent assessment committee — Rent Act 1968, s 46 (1) (2)

  2 Words & Phrases considered

  1 Statute considered
• R v General Comrs of Income Tax for Holborn, Ex parte Trustees of Frank Rind Settlement (R v General Comrs of Income Tax for Holborn, Ex parte Trustees of Sylvia Rind Settlement, Trustees of Frank Rind Settlement, Ex parte, Trustees of Sylvia Rind Settlement, Ex parte)

  15 Oct 1974 [1975] QB 517; [1975] 2 WLR 229; [1975] 1 All ER 30; 49 TC 656, DC

  Subsequent considerations : 3 positive.
  REVENUE — Income tax — Appeal to High Court

  REVENUE — Income tax — Interest on lost tax
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  Case index catchwords

  REVENUE — Income tax — Appeal to High Court — Interest on lost tax — Application by inspector of taxes to general commissioners for certificates — Whether appeal or heard and determined as appeal — Jurisdiction to state case for opinion of High Court — Taxes Management Act 1970, ss 48, 56, 70 (3), 88 (1)

  REVENUE — Income tax — Interest on lost tax — Wilful default and neglect — Delay in making returns of income — Tax ultimately paid — Whether “loss of tax” — Form requiring return only of income not taxed at source — Whether valid — Whether wilful default and neglect — Taxes Management Act 1970, ss 8, 88 (1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• Egerton v Harding

  21 Jun 1974 [1975] QB 62; [1974] 3 WLR 437; [1974] 3 All ER 689, CA

  Subsequent considerations : 1 positive; 1 neutral.
  COMMON RIGHTS — Cattle — Duty to fence against common
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  Case index catchwords

  COMMON RIGHTS — Cattle — Duty to fence against common — Custom, whether can arise from — Immemorial usage of fencing as matter of obligation — Lawful origin of duty possible — Whether proved

  4 Case(s) considered