Results: 674

• McWhirter v Platten

  06 Nov 1968 [1970] 1 QB 508; [1969] 2 WLR 42; [1969] 1 All ER 172; 67 LGR 301, DC

  Subsequent citations: 3.
  LOCAL GOVERNMENT — Election — London borough council election
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  Case index catchwords

  LOCAL GOVERNMENT — Election — London borough council election — Application for order to inspect ballot papers — Serious discrepancies between published voting figures and possible votes on ballot papers issued — Whether an “offence in relation to ballot papers” — Purpose of order — Whether “required” for intended prosecution — Discretion — Representation of the People Act, 1949, s 51 (1) (3) — London Borough Council Elections Rules, 1968, r 49 (1)

  2 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• National Dock Labour Board v John Bland & Co Ltd

  09 Jul 1969 [1970] 2 QB 333; [1969] 3 WLR 1063; [1969] 3 All ER 815; [1969] 2 Lloyd's Rep 316; 7 KIR 354, DC

  06 May 1970 [1970] 2 QB 333; [1970] 2 WLR 1251; [1970] 2 All ER 577; [1970] 1 Lloyd's Rep 509; 8 KIR 1001, CA

  25 May 1971 [1972] AC 222; [1971] 2 WLR 1491; [1971] 2 All ER 779; [1971] 2 Lloyd's Rep 20; 14 KIR 137, HL(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 2.
  DOCK — Dock work — Dock labour scheme

  DOCK — Dock workers — “Decasualisation scheme”
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  Case index catchwords

  DOCK — Dock work — Dock labour scheme — Preliminary stacking of imported timber in docks area — Subsequent first piling of timber at importers' yard “in vicinity of” docks but outside docks area — Whether “dock work” — Whether work on “cargo” — Cardiff and Penarth — Dock Workers (Regulation of Employment) Act 1946, s 6 — Docks and Harbours Act 1966, s 1 (1) — Dock Workers (Regulation of Employment) (Amendment) Order 1967, Sch 2 (Dock Workers Employment Scheme 1967), cl 10 (1)

  DOCK — Dock workers — “Decasualisation scheme” — Preliminary stacking of imported timber in docks area — Subsequent first piling of timber at importers' yard “in vicinity of” docks but outside docks area — Whether “dock work” — Whether work on “cargo” — Cardiff and Penarth — Dock Workers (Regulation of Employment) Act 1946 (9 & 10 Geo. 6, c. 22), s. 6 — Docks and Harbours Act 1966 (c. 28), s. 1 (1) — Dock Workers (Regulation of Employment) (Amendment) Order 1967 (S.I. 1967 No. 1252), Sch. 2 (Dock Workers Employment Scheme 1967), cl. 10 (1)

  2 Case(s) considered

  3 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• Thomas v Pascal

  10 Jul 1969 [1969] 1 WLR 1475; [1969] 3 All ER 937, CA

  LANDLORD AND TENANT — Rent restriction — Premises within the Acts
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction — Premises within the Acts — Basement room let on weekly tenancy — Claim for possession as furnished accommodation — Disputed by tenant — Prior reference by tenant to rent tribunal — Referred to in defence but not relied on by landlord at hearing — Not referred to in judgment — Whether judgment invalidated — Finding that rental value of furniture not a substantial part of rent — Whether proper considerations taken into account — Rent Act, 1968, s 2 (1) (b)

  2 Case(s) considered

  1 Statute considered

• Warwickshire Publishing Co Ltd v Comrs of Customs and Excise

  22 Nov 1968 [1969] 1 WLR 240; [1969] 1 All ER 266, Ch D

  18 Nov 1969 [1970] 1 WLR 457; [1970] 1 All ER 291, CA

  REVENUE — Purchase tax — Diaries
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  Case index catchwords

  REVENUE — Purchase tax — Diaries — Taxpayer publishing diaries — Supplied free of charge to particular church or chapel on taxpayer's instructions — Taxpayer obtaining advertisements — Taxpayer's business sale of advertisements for insertion in diaries — Whether diaries made “for use in or in connection with a business carried on by” taxpayer — Whether diaries “applied or appropriated” to taxpayer's use — Whether diaries were “in the ownership” of taxpayer — Finance (No 2) Act, 1940, s 25 (1) — Finance Act, 1962, s 6 (3)

  1 Case considered

  3 Words & Phrases considered

  2 Statutes considered
• In re Thornley, decd (Thornley v Palmer)

  22 Apr 1969 [1969] 1 WLR 1037; [1969] 3 All ER 31, CA

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  COURT OF APPEAL — Discretion of judge, matter within — Family provision

  FAMILY PROVISION — Widow — “Reasonable provision”
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  Case index catchwords

  COURT OF APPEAL — Discretion of judge, matter within — Family provision — Reasonable provision for widow — Whether Court of Appeal may increase amount

  FAMILY PROVISION — Widow — “Reasonable provision” — Discretion of judge — When Court of Appeal will interfere — Order for additional £100 a year made by judge — Amount increased on appeal — Whether realisation of capital improvident — Inheritance (Family Provision) Act, 1938, s 1 (1) (6) (as amended by Intestates' Estates Act, 1952, Sch 3)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• R v Wuyts

  17 Apr 1969 [1969] 2 QB 474; [1969] 3 WLR 1; [1969] 2 All ER 799; 53 Cr App R 417, CA

  Subsequent citations: 1.
  CRIME — Forgery — Possession of forged document
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  Case index catchwords

  CRIME — Forgery — Possession of forged document — Banknotes — Lawful authority or excuse — Forged notes retained to surrender to police — Notes not handed to police at first available opportunity — Excuse consistent with common law duty — Whether “lawful … excuse” — Whether offence absolute — Whether purpose of retention question for jury — Forgery Act, 1913, s 8 (1)

  1 Words & Phrases considered

  1 Statute considered
• R v Lipman

  (pet dis) [1969] 3 WLR 825, HL(E)

  29 Jul 1969 [1970] 1 QB 152; [1969] 3 WLR 819; [1969] 3 All ER 410, CA

  Subsequent considerations : 2 positive. Subsequent citations: 20.
  CRIME — Homicide — Manslaughter
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  Case index catchwords

  CRIME — Homicide — Manslaughter — Mens rea — Unlawful act resulting in death — Defendant's self-induced intoxication by drugs — Acts obviously likely to cause harm to victim killed by them — Whether proof of specific intent necessary — Whether verdict of manslaughter inevitable — Criminal Justice Act, 1967, s 8

  6 Case(s) considered

  1 Statute considered

• Docker v Hyams

  [1969] 3 All ER 808; [1969] 1 Lloyd's Rep 487, CA

  14 Mar 1969 (pet dis) [1969] 1 WLR 1068, HL(E)

  14 Mar 1969 [1969] 1 WLR 1068; [1969] 3 All ER 610, DC

  29 Apr 1969 [1969] 1 WLR 1060; [1969] 1 Lloyd's Rep 333, CA

  Subsequent citations: 3.
  ARBITRATION — Arbitration clause in contract — Contract for sale of yacht

  CONTRACT — Construction — Yacht
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  Case index catchwords

  ARBITRATION — Arbitration clause in contract — Contract for sale of yacht — Arbitration in respect of “any dispute difference or question” arising — Dispute on existence of defects — Whether matter for arbitration

  CONTRACT — Construction — Yacht — Notice of “defects” — Provision for notice if defects “found” — “Found” — Arbitration clause providing for arbitration in respect of “any dispute difference or question” arising — Notice of defects served by purchaser — Purchaser's genuine belief in defects — Defects denied by vendor — Whether existence of defects arbitrable — Whether notice of defects valid if no material defects in fact

  2 Words & Phrases considered

  1 Standard Form considered
• In re Gulbenkian’s Settlements (No 2)

  22 May 1969 [1970] Ch 408; [1969] 3 WLR 450; [1969] 2 All ER 1173, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 6.
  TRUSTS — Discretion of trustees — Time for exercise

  TRUSTS — Discretionary — Power of selection
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  Case index catchwords

  TRUSTS — Discretion of trustees — Time for exercise — Whether exercisable retrospectively — Circumstances causing postponement

  TRUSTS — Discretionary — Power of selection — Release by object by deed and for valuable consideration — Effect

  5 Case(s) considered
• Murphy v Stone-Wallwork (Charlton) Ltd

  18 Jun 1969 [1969] 1 WLR 1023; [1969] 2 All ER 949; 7 KIR 203, HL(E)

  Subsequent considerations : 4 positive; 1 negative. Subsequent citations: 24.
  COURT OF APPEAL — Damages — Appeal on quantum

  EVIDENCE — Fresh evidence — Damages

  HOUSE OF LORDS — Appeal — Quantum of damages
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  Case index catchwords

  COURT OF APPEAL — Damages — Appeal on quantum — Assessment on wrong basis — Change of circumstances — Admission of fresh evidence — Increase

  EVIDENCE — Fresh evidence — Damages — Personal injury — Assessment of damages on basis of continued employment by defendants — Plaintiff's dismissal after assessment by Court of Appeal — No mala fides — Admission of fresh evidence by House of Lords — Assessment re-opened

  HOUSE OF LORDS — Appeal — Quantum of damages — Assessment by Court of Appeal — Subsequent change of circumstances — Case re-opened — Fresh evidence

  2 Case(s) considered