Results: 66

• Callaway, In re

  16 May 1956 [1956] 3 WLR 257, Ch D

  16 May 1956 [1956] Ch 559, Ch D

  Subsequent considerations : 2 neutral. Subsequent citations: 6.
  ADMINISTRATION OF ESTATES — Murder of deceased — By next-of-kin

  PUBLIC POLICY
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  Case index catchwords

  ADMINISTRATION OF ESTATES — Murder of deceased — By next-of-kin — Murder of testatrix by daughter, sole beneficiary under will — Forfeiture of right to take under will — Claims to estate by next-of-kin and Crown.

  PUBLIC POLICY

• In Re Bettinson’s Question

  11 Oct 1955 [1956] Ch 67, Ch D

  Subsequent citations: 1.
  HUSBAND AND WIFE — Property — Proceedings under the Married Women's Property Act, 1882, s. 17
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  Case index catchwords

  HUSBAND AND WIFE — Property — Proceedings under the Married Women's Property Act, 1882, s. 17 — “Possession” — Foreign domicile — Residence within the jurisdiction — Chattels removed by wife from husband's possession — Money withdrawn from joint account — Husband's claim for return of chattels and account of money — Community of property under law of domicile — Husband entitled to management and control — “Possession” included — Married Women's Property Act, 1882 (45 & 46 Vict. c. 75), s. 17.

  1 Statute considered
• Miller v Emcer Products Ltd

  06 Dec 1955 [1955] EWCA Civ 6; [1956] Ch 304; [1956] 2 WLR 267, CA

  Subsequent considerations : 1 positive. Subsequent citations: 12.
  LANDLORD AND TENANT — Covenant for Quiet Enjoyment — Easement

  CONTRACT — Construction — Expressio unius exclusio alterius.
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  Case index catchwords

  LANDLORD AND TENANT — Covenant for Quiet Enjoyment — Easement — Use of adjoining premises — Whether implied covenant to put tenant in possession of demised premises — Whether excluded by express covenant for quiet enjoyment — Interruption by person outside scope of express covenant.

  CONTRACT — Construction — Expressio unius exclusio alterius.
• In Re Ellenborough Park (In Re Davies, Decd, Powell v Maddison)

  17 Mar 1955 [1956] Ch 131; [1955] 3 WLR 91, Ch D

  15 Nov 1955 [1956] Ch 131; [1955] 3 WLR 892; [1955] 3 All ER 667, CA

  Subsequent considerations : 4 positive; 1 neutral. Subsequent citations: 20.
  EASEMENT — Jus spatiandi — Pleasure ground

  WAR — Emergency Legislation — Requisitioning
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  Case index catchwords

  EASEMENT — Jus spatiandi — Pleasure ground — Building estate — Sale of plots — Adjacent property reserved by vendors as private pleasure ground — Grant of enjoyment to purchasers of plots — Construction — Dominant and servient tenements — “Accommodation” — Right to use — Legal easement.

  WAR — Emergency Legislation — Requisitioning — Land — Compensation — Easements — To use land for pleasure — Compensation rental — Payment of amount for dilapidations — Who entitled to rental — How amount for dilapidations applicable — Compensation (Defence) Act, 1939 (2 & 3 Geo. 6, c. 75), s. 2 (1), (2).

• In Re W (Infants), In Re Guardianship of Infants Acts, 1886–1925

  16 Jan 1956 [1956] Ch 384; [1956] 2 WLR 493, CA

  COURT OF APPEAL — Leave to appeal — Interlocutory matter

  INFANT — Maintenance — Amount
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  Case index catchwords

  COURT OF APPEAL — Leave to appeal — Interlocutory matter — Order concerning custody and maintenance of infants — Amount of maintenance varied by justices — Appeal to High Court dismissed — Necessity of obtaining leave to appeal to Court of Appeal — Whether appeal “concerning custody of infants” — Supreme Count of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), s. 31 (1).

  INFANT — Maintenance — Amount — Whether means of mother to be taken into consideration — Guardianship of Infants Act, 1925 (15 & 16 Geo. 5, c. 45), s. 3 (1) (2). Infant — Custody — Court of Appeal — Leave to appeal — Question of maintenance.

  2 Statutes considered

• Kenmare (Countess of) v Inland Revenue Commissioners

  12 May 1955 [1956] Ch 220; [1955] 3 WLR 922, Ch D

  08 Jun 1956 [1956] Ch 483; [1956] 3 WLR 527, CA

  25 Jul 1957 [1958] AC 267; [1957] 3 WLR 461, HL

  Subsequent citations: 3.
  REVENUE — Income tax — Settlement
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  Case index catchwords

  REVENUE — Income tax — Settlement — Revocability — Residence of settlor out of the jurisdiction — Property within the jurisdiction — Income from settlement included in settlor's assessment for surtax — Power from time to time to determine part of trusts — Equivalent to a power to revoke — Settlor out of the jurisdiction included — Finance Act, 1938 (1 & 2 Geo. 6, c. 46), s. 38 (2), Sch. III, Part I.

  1 Statute considered
• Westminster Bank Ltd v Lee

  06 Jul 1955 [1955] 3 WLR 376, Ch D

  06 Jul 1955 [1956] Ch 7, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 7.
  HUSBAND AND WIFE — Property — Matrimonial home
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  Case index catchwords

  HUSBAND AND WIFE — Property — Matrimonial home — Desertion by husband — Mortgage — Equitable mortgage by husband — Occupation by deserted wife — Desertion prior to mortgage — Wife's interest an equity not an equitable interest or estate — Subject to claim by mortgagee without notice — Constructive notice not imputed to mortgagee.

• In Re Hanbey’s Will Trusts Cutlers’ Co v President And Governors Of Christ’s Hospital, London

  02 Dec 1955 [1956] Ch 264, Ch D

  Subsequent citations: 1.
  CHARITY — Scheme — Forfeiture clause
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  Case index catchwords

  CHARITY — Scheme — Forfeiture clause — Gift over from one charity to another — Impossibility of complying strictly with terms of original trust — Application for a scheme — Delay in bringing application — Power of court to direct a scheme — Whether discretionary — Effect of scheme upon the gift over.

• In Re Royal Society’s Charitable Trusts

  18 Jul 1955 [1956] Ch 87, Ch D

  Subsequent citations: 5.
  CHARITY — Scheme — Jurisdiction to sanction

  TRUST AND TRUSTEE — Variation of trusts — Jurisdiction of Chancery Division
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  Case index catchwords

  CHARITY — Scheme — Jurisdiction to sanction — Single body of trustees of numerous charities — Separate trust funds — Application by trustees to combine funds into one fund — Application to enlarge scope of permissible investments — Jurisdiction of court to sanction such applications by way of scheme — Special jurisdiction confined to charities.

  TRUST AND TRUSTEE — Variation of trusts — Jurisdiction of Chancery Division — Permissible investments.
• Fletcher, A Debtor, In re; Ex parte Fletcher v Official Receiver

  25 May 1955 [1955] 3 WLR 172, CA

  25 May 1955 [1956] Ch 28, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  BANKRUPTCY — Bankruptcy Rules — Validity

  STATUTORY INSTRUMENT — Validity — Whether ultra vires.
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  Case index catchwords

  BANKRUPTCY — Bankruptcy Rules — Validity — Creditors' resolution that debtor be not adjudged bankrupt — Application by official receiver for adjudication — Jurisdiction of court — Enactment that rules “in force … continue in force … and … have effect as if made under this Act” — Subsequent new rule in identical terms — Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), ss. 18 (1), 132, 168 (3) — Bankruptcy Rules, 1952 (S.I. 1952, No. 2113 (L.14)), r. 219.

  STATUTORY INSTRUMENT — Validity — Whether ultra vires.

  2 Statutes considered

  2 Statutory Instruments considered