Results: 521

• Central and District Properties Ltd v Inland Revenue Comrs

  18 May 1966 [1966] 1 WLR 1015; [1966] 2 All ER 433, HL(E)

  Subsequent citations: 2.
  REVENUE — Stamp duty — Conveyance or transfer on sale
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  Case index catchwords

  REVENUE — Stamp duty — Conveyance or transfer on sale — Exemption — Acquisition of shares in the capital of a company — Requirement that not less than 90 per cent of the consideration for the acquisition consists of shares in the capital of the acquiring company — Whether requirement satisfied — Finance Act, 1927, s 55 (1)

  1 Statute considered
• Courtney v Courtney

  04 Nov 1965 [1968] P 523; [1966] 2 WLR 524; [1966] 1 All ER 53, DC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  HUSBAND AND WIFE — Justices — Quantum of maintenance
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Quantum of maintenance — Effect of conduct of parties — Conduct of both parties to be considered — High Court principles applicable — Matrimonial Proceedings (Magistrates' Courts) Act, 1960, s 2 (2) (b)

  6 Case(s) considered

  1 Statute considered
• In re C (M A) (An Infant)

  21 Feb 1966 [1966] 1 WLR 646, Ch D (Ungoed-Thomas J)

  21 Feb 1966 [1966] 1 WLR 646; [1966] 1 All ER 838; 64 LGR 280, CA

  Subsequent considerations : 1 negative. Subsequent citations: 6.
  ADOPTION — Custody — Concurrent proceedings

  INFANT — Guardianship — Paramount interest of child
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  Case index catchwords

  ADOPTION — Custody — Concurrent proceedings — Rights of putative father — Paramount interest of child — Child with proposed adopters — Custody sought by putative father — Father able to provide suitable home — Risk involved in moving child — Degree of risk — Whether risk should be taken in interest of child — “Tie of blood” between boy child and natural father — Importance — Religious upbringing — Putative father and proposed adapters of different religions — Relevance of mother's wishes

  INFANT — Guardianship — Paramount interest of child — Adoption — Custody sought by putative father — Father able to provide suitable home — Child with proposed adopters — Degree of risk involved in moving child — Whether risk should be taken in interest of child — “Tie of blood” between boy child and natural father — Importance — Religious upbringing — Putative father and proposed adopters of different religions — Relevance of mother's wishes

  3 Case(s) considered
• Blyth v Blyth and Pugh

  04 Apr 1963 [1963] P 411; [1965] P 411; [1965] 3 WLR 365; [1965] 2 All ER 817, CA

  Subsequent considerations : 1 negative. Subsequent citations: 17.
  HUSBAND AND WIFE — Condonation — Evidence

  HUSBAND AND WIFE — Condonation — Sexual intercourse as

  STATUTE — Retroactive effect — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Condonation — Evidence — Burden of proof — Wife's adultery — Isolated act of marital intercourse without resumption of cohabitation — Evidence by husband that he did not intend to condone adultery — Divorce petition delayed because of reconciliation hope — Whether court “satisfied” that uncondoned adultery committed — Whether husband's evidence “sufficient to negative necessary intent” — “Satisfied” — Matrimonial Causes Act, 1950, s 4 (2) — Matrimonial Causes Act, 1963, s 1

  HUSBAND AND WIFE — Condonation — Sexual intercourse as — Husband, by — Transitional effect of new Act — Wife's adultery — Terminated by wife without resumption of cohabitation — Isolated act of marital intercourse before July 31, 1963 — Whether husband's evidence admissible to negative presumption of condonation — Matrimonial Causes Act, 1963, s 1

  STATUTE — Retroactive effect — Divorce — Condonation of adultery by act of intercourse — New Act providing that presumption of condonation may be rebutted — Whether procedural matter — Matrimonial Causes Act, 1963, s 1

  4 Case(s) considered

  2 Words & Phrases considered

  4 Statutes considered
• Sansom v Sansom

  25 Mar 1966 [1966] P 52; [1966] 2 WLR 1125; [1966] 2 All ER 396, PDA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 5.
  BURDEN OF PROOF — Husband and wife — Alimony

  HUSBAND AND WIFE — Alimony, permanent — Judicial separation
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  Case index catchwords

  BURDEN OF PROOF — Husband and wife — Alimony — Appeal from registrar's order to judge in chambers — Onus on appellant

  HUSBAND AND WIFE — Alimony, permanent — Judicial separation — Quantum — Variation of order for permanent alimony — Principles on which quantum of alimony assessed

  3 Case(s) considered

• Northrop v Northrop

  28 Oct 1966 [1968] P 74; [1966] 3 WLR 1193; [1966] 3 All ER 797, DC

  11 May 1967 [1968] P 74; [1967] 3 WLR 907; [1967] 2 All ER 961, CA

  Subsequent citations: 5.
  HUSBAND AND WIFE — Justices — Child, maintenance for

  HUSBAND AND WIFE — Justices — Wilful neglect to maintain child only
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Child, maintenance for — Wilful neglect to maintain wife and child — Consensual separation — £2 per week paid for child — No express agreement to maintain wife — £2 inadequate for child if no maintenance for wife — Child dependent upon wife — Failure to maintain child throwing obligation onto wife — Wife's earning capacity thereby impaired — Whether necessary implication that husband agrees to support wife — Principles to be applied in assessing quantum of maintenance

  HUSBAND AND WIFE — Justices — Wilful neglect to maintain child only — Jurisdiction to award maintenance for wife — Jurisdiction to make matrimonial orders — Quantum of maintenance for wife that which is reasonable in all the circumstances — Matrimonial Proceedings (Magistrates Courts) Act, 1960, ss 1 (1), 2 (1)

  9 Case(s) considered

  1 Statute considered
• In re Ducksbury, deed

  28 Feb 1966 [1966] 1 WLR 1226; [1966] 2 All ER 374, Ch D

  Subsequent considerations : 2 positive. Subsequent citations: 4.
  FAMILY PROVISION — Child — Daughter unmarried
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  Case index catchwords

  FAMILY PROVISION — Child — Daughter unmarried — Marriage of parents dissolved — Settlement by father for maintenance and education during minority — Subsequent remarriage and death — Whole estate to second -wife — Statement in will that adequate provision made for daughter — Whether reasonable provision made — Burden of proof — Inheritance (Family Provision) Act, 1938, s 1 (1) (b) (as amended by Intestates' Estates Act, 1952, Sch 3)

  1 Statute considered
• Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association (Grimsdale & Sons Ltd v Suffolk Agricultural Poultry Producers Association, Holland Colombo Trading Society Ltd v Grimsdale & Sons Ltd, Kendall (Henry) & Sons v William Lillico & Sons Ltd)

  [1964] 2 Lloyd's Rep 227, QBD (Havers J)

  20 Dec 1965 [1966] 1 WLR 287; [1966] 1 All ER 309; [1966] 1 Lloyd's Rep 197, CA

  08 May 1968 [1969] 2 AC 31; [1968] 3 WLR 110; [1968] 2 All ER 444; [1968] 1 Lloyd's Rep 547, HL(E)

  Subsequent considerations : 7 positive; 5 neutral; 2 negative. Subsequent citations: 39.
  ANIMAL — Bird — “Poultry”

  SALE OF GOODS — Cif — Implied statutory warranty

  SALE OF GOODS — Implied term — Fitness for purpose and merchantable quality

  SALE OF GOODS — Warranty — Implied statutory warranty
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  Case index catchwords

  ANIMAL — Bird — “Poultry” — Whether including partridges and pheasants

  SALE OF GOODS — Cif — Implied statutory warranty — Toxic gound-nut extractions sold for resale and manufacture into compound food for poultry — Circumstances in which implied statutory warranty as to suitability applies to cif contracts — Fertilisers and Feeding Stuffs Act, 1926, s 2 (2)

  SALE OF GOODS — Implied term — Fitness for purpose and merchantable quality — Toxic ground-nut extraction sold for compounding into poultry food — Oral contract confirmed by sale note placing responsibility for latent defects on buyer — Effect of — Extraction suitable for some purposes but not for the particular purpose for which sold — Whether a breach of implied terms as to fitness and merchantability — Buyers and sellers of goods members of same trade association — Contracts on Association's standard form — Clause placing responsibility for latent defects on buyers — Whether buyers entitled to rely on sellers' skill and judgment — Sale of Goods Act, 1893, s 14 (1) (2)

  SALE OF GOODS — Warranty — Implied statutory warranty — Ground-nut extraction sold to manufacturer for use as ingredient in compound food for poultry — Food fed to pheasants and partridges — Deaths of chicks and poults due to toxic substance in ground-nut extraction — Whether warranty as to suitability of “article” for use as food for poultry applicable — Whether damages recoverable — “Poultry” — Meaning of — “Article” — Meaning of — Fertilisers and Feeding Stuffs Act, 1926, s 2 (2), Sch 1

  21 Case(s) considered

  2 Words & Phrases considered
• Davies v Davies Jenkins & Co Ltd

  21 Dec 1965 [1966] 1 WLR 446; [1966] 1 All ER 716, Ch D

  06 May 1966 [1966] 1 WLR 1094; [1966] 2 All ER 930, CA

  15 Mar 1967 [1968] AC 1097; [1967] 2 WLR 1139; [1967] 1 All ER 913; 44 TC 273, HL(E)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 4.
  REVENUE — Income tax — Discontinuance of trade

  STATUTE — Construction — Subsequent enactments
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  Case index catchwords

  REVENUE — Income tax — Discontinuance of trade — Company subvention agreement between associated companies — Associated company ceasing to trade — Subsequent payments received under agreement — Whether subvention payment relief available — “Receives” — Finance Act, 1953, s 20 (1) (9) (10)

  STATUTE — Construction — Subsequent enactments — Whether relevant in interpreting earlier one — Acts forming statutory code — Where no ambiguity not permissible to have regard to subsequent enactment as aid to construction — Finance Act, 1953, s 20 — Finance Act, 1954, s 18

  4 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered
• Tynan v Balmer

  08 Feb 1966 [1967] 1 QB 91; [1966] 2 WLR 1181; [1966] 2 All ER 133, DC

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  NUISANCE — Highway — Obstruction

  TRADE DISPUTE — Act in furtherance of — Picketing
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  Case index catchwords

  NUISANCE — Highway — Obstruction — Picketing by men on strike — Stopping vehicles

  TRADE DISPUTE — Act in furtherance of — Picketing — Pickets moving in a circle on highway — Part of objects to seal off highway — Unreasonable use of highway — Whether subject to interference by police — Trade Disputes Act, 1906, s 2 (1)

  2 Case(s) considered

  1 Statute considered