Results: 472

• Miller (Formerly Kozubowski) v Kozubowski (Hekner (Cited As Hepner), Denester (Cited As Dennister) And Niekrasz Cited)

  21 Dec 1955 [1956] 1 WLR 93, PDA

  Subsequent considerations : 1 positive.
  HUSBAND AND WIFE — Divorce — Practice
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  HUSBAND AND WIFE — Divorce — Practice — Decree — Form of decree — Naming parties found guilty of adultery.

• Simons v W H Rhodes & Son Ltd

  08 May 1956 [1956] 1 WLR 642, CA

  DOCK — Regulations — Lighting
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  DOCK — Regulations — Lighting — Unloading of vessel — Breach by shipowners of statutory duty — Liability of stevedores to remedy breach — “Shortest time reasonably practicable” — Docks Regulations, 1934 (S.R. & O., 1934, No. 279), regs. 12, 50.

  1 Statutory Instrument considered

• Waldon v War Office

  01 Dec 1955 [1956] 1 WLR 51, CA

  JUDICIAL PRECEDENT — Damages — Guidance from awards in previous cases
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  JUDICIAL PRECEDENT — Damages — Guidance from awards in previous cases — Personal injuries — Whether counsel should cite amounts awarded in other cases where similar injuries sustained — Judges' discretion.

  1 Case considered

• In Re County Of London (Devons Road, Poplar) Housing Confirmation Order, 1945

  22 Mar 1956 [1956] 1 WLR 499, Ch D

  Subsequent citations: 1.
  COMPULSORY PURCHASE — Compensation — War-damaged property

  HOUSING — Dangerous structure — Metropolis

  STATUTE — Construction — Erroneous view of law
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  COMPULSORY PURCHASE — Compensation — War-damaged property — Payment into court of compensation — Difference between incumbrances to which property subject at time of war damage and at time of notice to treat — Incumbrances due to payer not deducted — Incumbrances to be taken into account in determining compensation — Application for payment out of excess — Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), ss. 76, 78 — War Damage Act, 1943 (6 & 7 Geo. 6, c. 21), Sch. II — Town and Country Planning Act, 1944 (7 & 8 Geo. 6, c. 47), Sch. VIII.

  HOUSING — Dangerous structure — Metropolis — Whether charge upon land for cost of repairs — Land Charges Act, 1925 (15 & 16 Geo. 5, c. 22), s. 15 — London Building Acts (Amendment) Act, 1939 (2 & 3 Geo. 6, c. xcvii), ss. 66, 70.

  STATUTE — Construction — Erroneous view of law — Construction of section proceeding on — London Building Acts (Amendment) Act, 1939, s. 70.

  1 Statute considered
• Powell-Cotton’s Resettlement, In re

  05 Dec 1955 [1956] 1 WLR 23, CA

  Subsequent considerations : 1 neutral.
  TRUST AND TRUSTEE — Variation of trusts — Jurisdiction of Chancery Division
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  TRUST AND TRUSTEE — Variation of trusts — Jurisdiction of Chancery Division — Compromise — Jurisdiction to sanction — Investment clause of an uncertain meaning — Proposal to substitute modern investment clause — Proposed new investment clause approved by beneficiaries — Whether a compromise of beneficial rights.

  1 Case considered
• Gresham’s Settlements, In re

  13 Apr 1956 [1956] 1 WLR 573, Ch D

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 3.
  POWER OF APPOINTMENT — Unascertainable class — Power not coupled with duty
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  POWER OF APPOINTMENT — Unascertainable class — Power not coupled with duty — Settlement — Discretionary power — Uncertainty — Power to pay income of trust fund in certain events to specified persons and classes of persons — One class not ascertainable — Impossibility of identifying a given person as member of the class — Validity of power.

  2 Case(s) considered

• Florence Emma Ward v Commissioner Of Inland Revenue

  14 Feb 1956 [1956] 2 WLR 578, PC

  Subsequent citations: 1.
  REVENUE — New zealand — Revenue

  REVENUE — Estate duty.
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  REVENUE — New zealand — Revenue — Estate duty — Transfer of real property — In consideration of annuity for life — “Disposition of property” — “Accompanied by … a contract for … benefit to the deceased” — Property liable to duty on death — Death Duties Act, No. 21 of 1921 (New Zealand), s. 5 (1) (j) (ii).

  REVENUE — Estate duty.

  1 Statute considered
• Bullock v G John Power (Agencies) Ltd

  20 Jan 1956 [1956] 1 WLR 171, CA

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 3.
  FACTORY — Dangerous machinery — Fencing
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  FACTORY — Dangerous machinery — Fencing — Material or article in machine — Wire-drawing machinery — End of wire causing fatal injury to workman — No statutory duty to fence material in machine unless expressly provided for — Whether wire performing pulling function “dangerous part of machine” — Factories Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 67), s. 14 (1) (3).

  1 Case considered

  1 Statute considered
• R v Campbell, Ex parte Nomikos

  27 Apr 1956 [1956] 1 WLR 622, QBD

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  SHIPPING — Safety and load line — Timber deck cargo

  CROWN PRACTICE — Certiorari — Jurisdiction of inferior tribunal
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  SHIPPING — Safety and load line — Timber deck cargo — Loaded to a height in excess of the permitted maximum on fore deck and raised quarter deck — Whether one or two offences — Timber Cargo Regulations, 1932 (S.R. & O., 1932, No. 110), reg. 5 (b) — Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 Geo. 5, c. 9), s. 61 (4), (6).

  CROWN PRACTICE — Certiorari — Jurisdiction of inferior tribunal — Two convictions — Only one offence — Plea of guilty to both charges — Jurisdiction of the magistrate — Certiorari a discretionary remedy.

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered
• St John Shipping Corpn v Joseph Rank Shipping Ltd

  29 Oct 1956 [1956] 3 WLR 870, QBD

  29 Oct 1956 [1957] 1 QB 267, QBD

  Subsequent considerations : 2 positive. Subsequent citations: 52.
  SHIPPING — Load line — Overloading

  CONTRACT — Illegality — Contract prohibited by statute.
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  SHIPPING — Load line — Overloading — Contravention of statute — Effect on contract of carriage — Whether shipowner entitled to recover freight — Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 & 23 Geo. 5, c. 9), ss. 44, 57.

  CONTRACT — Illegality — Contract prohibited by statute.