Results: 481

• Duedu v Viboe

  20 Jun 1961 [1961] 1 WLR 1040, PC

  Subsequent citations: 7.
  ESTOPPEL — Per rem judicatam — Issue, whether previously decided
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  Case index catchwords

  ESTOPPEL — Per rem judicatam — Issue, whether previously decided — Action for trespass on land — Judgment for defendant — No counterclaim for declaration of title — Subsequent action by defendant for declaration of title founded entirely on earlier judgment — Whether ownership decided in earlier action

  2 Case(s) considered
• Attorney-General of the Gambia v N’Jie

  03 May 1961 [1961] AC 617; [1961] 2 WLR 845; [1961] 2 All ER 504, PC

  Subsequent considerations : 3 positive; 2 neutral. Subsequent citations: 23.
  BARRISTER — Discipline — Disciplinary power of judge

  PRIVY COUNCIL — West africa — Gambia

  LEGAL PRACTITIONER — West africa — Gambia
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  Case index catchwords

  BARRISTER — Discipline — Disciplinary power of judge — Exercise by deputy — Whether a judicial power — Gambia

  PRIVY COUNCIL — West africa — Gambia — Appeal to Privy Council — Competency — Locus standi of Attorney-General — “Person aggrieved” — West African (Appeal to Privy Council) Order in Council, 1949, s 31

  LEGAL PRACTITIONER — West africa — Gambia — Legal practitioner — Professional misconduct — Disciplinary power of deputy judge to suspend or strike off — Judicial power — Supreme Court Ordinance (Laws of the Gambia, 1955, c 5), s 7 — Rules of the Supreme Court of the Gambia, 1928, Ord IX, r 7

  5 Case(s) considered

  1 Words & Phrases considered

  3 Overseas Enactments considered

• Byers v Head Wrightson & Co Ltd

  21 Dec 1960 [1961] 1 WLR 961; [1961] 2 All ER 538; 59 LGR 385, QBD

  Subsequent citations: 2.
  BUILDING — Safety regulations — Application

  STATUTORY DUTY — Breach; contributory negligence — Breach due to fault of person injured
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  BUILDING — Safety regulations — Application — “Building” — Installation of parts of sealed reactor building of nuclear reactor in course of construction — Whether “construction … of a building” — Removal of welder across improvised bridge over trench — “Scaffold” — Workman in charge injured by welder — Whether employer liable — Building (Safety, Health and Welfare) Regulations, 1948, regs 2 (1), 3 (2), 5, 7 (1), 12 (1), 26 (3), 93

  STATUTORY DUTY — Breach; contributory negligence — Breach due to fault of person injured — Scaffold — Workman injured as a result of own act — Task beyond competence of workman — Whether employer liable — Whether contributory negligence

  3 Case(s) considered

  3 Words & Phrases considered

  1 Statutory Instrument considered
• Attorney-General v Crayford Urban District Council

  18 Oct 1961 [1962] Ch 246; [1961] 3 WLR 1198; [1961] 3 All ER 1002; [1961] 2 Lloyd's Rep 267; 59 LGR 574, Ch D (Pennycuick J)

  22 Feb 1962 [1962] Ch 575; [1962] 2 WLR 998; [1962] 2 All ER 147; [1962] 1 Lloyd's Rep 163; 60 LGR 261, CA

  Subsequent considerations : 1 positive. Subsequent citations: 14.
  HOUSING — Powers of management — Insurance

  INJUNCTION — Relator action — Attorney-General's discretion
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  HOUSING — Powers of management — Insurance — Collective insurance by local authority — Insurance of tenants' household and personal goods — Authority acting as agent — Premiums collected by officer of authority — Whether “management” — Whether scheme ultra vires — Housing Act, 1957, s 111 (1)

  INJUNCTION — Relator action — Attorney-General's discretion — Action for declaration — Lack of interest of relator — Council acting ultra vires — Whether injunction appropriate remedy

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• R v Cavendish

  14 Feb 1961 [1961] 1 WLR 1083; [1961] 2 All ER 856; 45 Cr App R 374, CCA

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  CRIME — Court of Criminal Appeal — Sentence, appeal against

  CRIME — Receiving — Evidence
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  Case index catchwords

  CRIME — Court of Criminal Appeal — Sentence, appeal against — Bail for long period pending appeal — Whether material

  CRIME — Receiving — Evidence — Possession — Goods found on premises — Defendant absent at time of delivery — Goods received by employee of defendant
• Hayward v Hayward (orse Prestwood)

  28 Oct 1960 [1961] P 152; [1961] 2 WLR 993; [1961] 1 All ER 236, PDA

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  ESTOPPEL — Conduct, by — Husband and wife

  ESTOPPEL — Per rem judicatam — Husband and wife
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  Case index catchwords

  ESTOPPEL — Conduct, by — Husband and wife — Maintenance proceedings on footing marriage valid — Both parties aware that marriage void — No estoppel against nullity petitions

  ESTOPPEL — Per rem judicatam — Husband and wife — Marriage — Validity — Bigamous marriage — Implied recognition by husband before justices — Nullity petition by him

  5 Case(s) considered
• Parke v Daily News Ltd

  03 Feb 1961 [1961] 1 WLR 493; [1961] 1 All ER 695, Ch D (Wilberforce J)

  06 Jun 1962 [1962] Ch 927; [1962] 3 WLR 566; [1962] 2 All ER 929, Ch D (Plowman J)

  Subsequent considerations : 1 neutral. Subsequent citations: 14.
  COMPANY — Powers — Application of assets

  COMPANY — Powers — Ex gratia payment
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  Case index catchwords

  COMPANY — Powers — Application of assets — Proposed payments to former employees — Whether payments gratuities — Test — Validity — Action by shareholder — Application for interim injunction — No evidence by directors that payments in interest of company's business — Whether prima facie case that proposed payments ultra vires

  COMPANY — Powers — Ex gratia payment — Sale of major part of business — Dismissal of majority of staff — Compensation for loss of service and pension rights — Staff not legally entitled — Payment ex gratia — Whether intra vires the company — Whether majority of shareholders entitled to ratify

  5 Case(s) considered

• R v Chertsey Justices, Ex parte Franks

  14 Feb 1961 [1961] 2 QB 152; [1961] 2 WLR 442; [1961] 1 All ER 825; 59 LGR 260, DC

  Subsequent citations: 4.
  CROWN PRACTICE — Certiorari — Error of law on face of record

  JUSTICES — Limitation — Continuing offence

  TOWN PLANNING — Enforcement notice — Prosecution for non-compliance
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  Case index catchwords

  CROWN PRACTICE — Certiorari — Error of law on face of record — Oral decision — Fine based by justices on misconception of law — Written register of conviction — Oral decision a speaking order

  JUSTICES — Limitation — Continuing offence — Town planning — Breach of enforcement notice — Breaches more than six months prior to date of information

  TOWN PLANNING — Enforcement notice — Prosecution for non-compliance — Continuing offence — Information charging further offences not heard until more than six months after date — Penalty dated back to previous conviction — Town and Country Planning Act, 1947, s 24 (3) — Magistrates' Courts Act, 1952, s 104

  2 Case(s) considered

  2 Statutes considered

• Clapham v National Assistance Board

  01 Mar 1961 [1961] 2 QB 77; [1961] 2 WLR 448; [1961] 2 All ER 50; 59 LGR 312, DC

  AFFILIATION — National assistance — Application by board against putative father
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  Case index catchwords

  AFFILIATION — National assistance — Application by board against putative father — Complaint by mother — Appeal against affiliation order allowed by quarter sessions on the merits — Subsequent complaint by National Assistance Board — Whether entertainable — National Assistance Act, 1948, s 44

  2 Case(s) considered

  1 Statute considered
• Westerbury Property and Investment Co Ltd v Carpenter

  24 Nov 1960 [1961] 1 WLR 272; [1961] 1 All ER 481, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  LANDLORD AND TENANT — Business premises (security of tenure) — “Competent landlord”
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — “Competent landlord” — Sub-tenancy — Notice determining tenancy served on mesne landlord — Application for new tenancy by mesne landlord — Sub-tenant holding over — Notice served by landlord on sub-tenant — Whether landlord or mesne landlord competent “landlord” — Landlord and Tenant Act, 1954, ss 25 (4), 44 (1), 69

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered