Results: 94

• Jade International Steel Stahl und Eisen GmbH & Co KG v Robert Nicholas (Steels) Ltd

  24 Feb 1978 [1978] QB 917; [1978] 3 WLR 39; [1978] 3 All ER 104; [1978] 2 Lloyd's Rep 13, CA

  BILL OF EXCHANGE — Notice of dishonour — Claim by holder for payment
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  Case index catchwords

  BILL OF EXCHANGE — Notice of dishonour — Claim by holder for payment — Dishonoured bill of exchange returned to drawer by holder in due course — Drawer applying as holder of bill for summary judgment — Whether his rights to payment those of holder in due course — Bills of Exchange Act 1882, s 29 (3)

  1 Statute considered
• Hesperides Hotels Ltd v Aegean Turkish Holidays Ltd (Hesperides Hotels Ltd v Muftizade)

  23 May 1977 [1978] QB 205; [1977] 3 WLR 656; [1978] 1 All ER 277, CA

  06 Jul 1978 [1979] AC 508; [1978] 3 WLR 378; [1978] 2 All ER 1168, HL(E)

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 24.
  CONFLICT OF LAWS — Jurisdiction — Tort

  JUDICIAL PRECEDENT — House of Lords decision — How far binding
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  CONFLICT OF LAWS — Jurisdiction — Tort — Action for conspiracy in England to procure trespass to land and chattels situate outside jurisdiction — Greek Cypriot hotels under Turkish Cypriot control — Prayer for interim injunction — Whether jurisdiction to entertain action in English court

  JUDICIAL PRECEDENT — House of Lords decision — How far binding — No jurisdiction to adjudicate on trespass to land abroad — Acceptance in other common law jurisdictions — Possibility of modification conflicting with foreign jurisdictions — No sufficient change of circumstances to justify modification

  4 Case(s) considered
• R v Bouchereau

  27 Oct 1977 (Case C-30/77); (Case 30-77); EU:C:1977:172; [1978] QB 732; [1978] 2 WLR 250; [1981] 2 All ER 924; 66 Cr App R 202; [1977] 2 CMLR 800; [1977] ECR 1999; (1978) 122 SJ 79, ECJ (Judge H Kutscher (President), Judges M Sørensen, G Bosco, A M Donner, J Mertens de Wilmars, P Pescatore, Lord Mackenzie Stuart, A O'Keeffe and A. Touffait J-P Warner (Advocate-General))

  Subsequent considerations : 4 positive; 3 neutral; 1 negative. Subsequent citations: 57.
  EUROPEAN ECONOMIC COMMUNITY — Free movement of workers — Public policy

  IMMIGRATION — Deportation order, recommendation for — European Economic Community national
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  EUROPEAN ECONOMIC COMMUNITY — Free movement of workers — Public policy — Community worker's second conviction for drugs offences — Recommendation by court for deportation — Whether “measure” — Relevance of previous convictions to taking of measure on ground of public policy — Meaning of “public policy” — Whether fundamental interests of society affected — EEC Treaty (Cmnd 5179-II), art 48 — Council Directive (64/221/EEC), art 3

  IMMIGRATION — Deportation order, recommendation for — European Economic Community national — Second conviction for drugs offences — Whether recommendation for deportation “measure” taken on ground of public policy — Relevance of previous convictions — EEC Treaty, art 48 — Council Directive (64/221/EEC), art 3 — Immigration Act 1971, ss 3 (6), 6 (1)

  2 Words & Phrases considered

  2 EU Enactments considered

  1 Statute considered
• Handelskwekerij GJ Bier BV v Mines de Potasse d’Alsace SA

  30 Nov 1976 (Case C-21/76); (Case C-21/76); EU:C:1976:166; [1978] QB 708; [1977] 3 WLR 479; [1976] ECR 1735, ECJ

  Subsequent considerations : 3 positive; 2 neutral; 2 negative; most recently considered: 2018. Subsequent citations: 92.
  EUROPEAN ECONOMIC COMMUNITY — Action in tort — Forum
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  EUROPEAN ECONOMIC COMMUNITY — Action in tort — Forum — Pollution — Discharge of industrial waste into river in one member state — Damage occurring in another member state — “Place where harmful event occurred” — Jurisdiction of member states courts — Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, art 5 (3)

  1 Words & Phrases considered

  1 EU Enactment considered
• Batty v Metropolitan Property Realisations Ltd

  08 Nov 1977 [1978] QB 554; [1978] 2 WLR 500; [1978] 2 All ER 445, CA

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 28.
  NEGLIGENCE — Duty of care to whom? — Building site

  NEGLIGENCE — Tort or breach of contract — Property developer
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  NEGLIGENCE — Duty of care to whom? — Building site — Developers and builders inspecting land before building house — Defects in surrounding land indicating possibility of landslide — House properly constructed — Landslide damaging garden — Future landslide likely to damage house — Whether house fit for habitation — Whether cause of action against builder — Duty of developers and builders to inspect land

  NEGLIGENCE — Tort or breach of contract — Property developer — House purchasers claiming damages for breach of warranty and negligence — Whether entitled to have judgment entered in tort as well as contract

  4 Case(s) considered

• Dixon v British Broadcasting Corpn

  26 Jul 1977 [1978] QB 438; [1978] 2 WLR 50; [1978] ICR 357; [1978] 2 All ER 465, EAT

  05 Oct 1978 [1979] QB 546; [1979] 2 WLR 647; [1979] ICR 281; [1979] 2 All ER 112, CA

  Subsequent citations: 17.
  EMPLOYMENT — Contract for fixed term — Determinable by notice

  INDUSTRIAL RELATIONS — Unfair dismissal — “Dismissed”

  JUDICIAL PRECEDENT — Court of Appeal decision — Two reasons for decision
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  EMPLOYMENT — Contract for fixed term — Determinable by notice — Contracts expiring at end of term — No renewal — Whether employment under contracts for “fixed term” — Whether unfair dismissal — Trade Union and Labour Relations Act 1974, Sch 1, para 5 (2) (b)

  INDUSTRIAL RELATIONS — Unfair dismissal — “Dismissed” — Contract for fixed term determinable before expiry by notice — Employees' contracts of employment not renewed at expiry of fixed term — Whether employed under contracts for “fixed term” — Whether dismissed — Trade Union and Labour Relations Act 1974, Sch 1, paras 5 (2) (b), 12

  JUDICIAL PRECEDENT — Court of Appeal decision — Two reasons for decision — One per incuriam

  3 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• SA Consortium General Textiles v Sun and Sand Agencies Ltd

  04 Jul 1977 [1978] QB 279; [1978] 2 WLR 1; [1978] 2 All ER 339; [1978] 1 Lloyd's Rep 134, CA

  Subsequent citations: 7.
  CONFLICT OF LAWS — Foreign judgment — Act of 1933
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  Case index catchwords

  CONFLICT OF LAWS — Foreign judgment — Act of 1933 — French sellers' claim on English merchants — Contracts giving exclusive jurisdiction to two French courts — Merchants' reference to jurisdiction term — Judgment in default on all claims in one French court — Technical defect in notification of judgment — Appeal out of time from judgment — Whether merchants “agreed … to submit” to French court's jurisdiction — Whether “resistance abusive” award “fine or … penalty” — Whether judgment to be registered — Foreign Judgments (Reciprocal Enforcement) Act 1933, ss 1 (2) (b), 2 (1) (b) (5), 4 (1) (a) (ii) (v), 4 (2) (a) (i) (iii), 5 (1)

  4 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered
• R v Williams (Roy)

  17 Dec 1976 [1978] QB 373; [1977] 2 WLR 400; [1977] 1 All ER 874; 64 Cr App R 106, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 8.
  CRIME — Plea — Arraignment
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  CRIME — Plea — Arraignment — Intention to plead not guilty — No plea taken — Trial proceeding on later occasion on assumption of plea of not guilty — Whether nullity

  1 Case considered

• Throsby v Imperial College of Science and Technology

  26 Jul 1977 [1978] QB 438; [1978] 2 WLR 50; [1978] ICR 357; [1978] 2 All ER 465, EAT

  July 26. Phillips J. read the following judgment of the appeal tribunal. In 1975 the Court of Appeal in British Broadcasting Corporation v. Ioannou [1975] I.C.R. 267 decided that a “fixed term” in the expression “contract for a fixed term of two years or more” in section 30 of the Industrial Relations Act 1971, and section 15 of the Redundancy Payments Act 1965: “is one which cannot be unfixed by notice. To be a ‘fixed term’ the parties must be bound for the term stated in the agreement: and unable to determine it by notice on either side. If it
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  1 Case considered

  2 Words & Phrases considered

• Hanson v Church Comrs for England (R v London Rent Assessment Committee, Ex parte Hanson)

  01 Nov 1976 [1978] QB 823; [1977] 2 WLR 843; [1977] 3 All ER 404, CA

  Subsequent citations: 1.
  LANDLORD AND TENANT — Rent restriction — Rent assessment

  NATURAL JUSTICE — Opportunity to meet charge — Right to be heard
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction — Rent assessment — Fair rent assessed by rent officer — Objection by tenant — Reference to rent assessment committee — Purported withdrawal of objection by tenant — Whether right to withdraw — Whether hearing with knowledge of tenant's belief that withdrawal effective contrary to natural justice — Rent Act 1968, Sch 6, paras 6 (1), 9

  NATURAL JUSTICE — Opportunity to meet charge — Right to be heard — Rent assessment committee — Tenant's objection to fair rent referred to committee — Purported withdrawal of objection by tenant — Committee increasing rent without giving tenant opportunity to be heard — Whether acting unfairly