Results: 87

• Shipwrecked Fishermen and Mariners’ Royal Benevolent Society, In re

  31 Oct 1958 [1959] Ch 220, Ch D

  31 Oct 1958 [1958] 3 WLR 701, Ch D

  31 Oct 1958 [1959] Ch 220, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 7.
  CHARITY — Investments — Statutory charity
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  Case index catchwords

  CHARITY — Investments — Statutory charity — Powers of investment regulated by special Act of 1850 — Application for wider powers of investment — Whether permissible — Trustee Act, 1925 (15 & 16 Geo. 5, c. 19), s. 57.

  3 Statutes considered
• Joseph v National Magazine Co Ltd

  09 Jul 1958 [1959] Ch 14, Ch D

  09 Jul 1958 [1958] 3 WLR 366, Ch D

  09 Jul 1958 [1959] Ch 14, Ch D

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 3.
  CONTRACT — Author — Contract to publish article
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  CONTRACT — Author — Contract to publish article — Specific performance — Article to be written and printed under author's name — Stylistic and factual alterations by editor — Refusal by author to allow publication of revised article — Whether repudiation by author — Submission of alterations by author — Whether author entitled to specific performance.

• In Re Hastings (No 3)

  06 Mar 1959 [1959] Ch 368, Ch D

  Subsequent citations: 8.
  HABEAS CORPUS — Criminal cause or matter — Successive applications

  HIGH COURT — Jurisdiction — Divisional Court

  HIGH COURT — Division — Judge of High Court
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  Case index catchwords

  HABEAS CORPUS — Criminal cause or matter — Successive applications — Refusal of applications by Queen's Bench Divisional Court — Application renewed to Chancery Divisional Court — Based on same evidence and same grounds — Whether court entitled to entertain application — Applications to different judges of same Division — Habeas Corpus Act, 1679 (31 Car. 2, c. 2), s. 2 — Habeas Corpus Act, 1816 (56 Geo. 3, c. 100), ss. 3, 6 — Supreme Court of Judicature Act, 1873 (36 & 37 Vict. c. 66), ss. 3, 46 — Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), ss. 1, 63.

  HIGH COURT — Jurisdiction — Divisional Court — Jurisdiction of judge to reserve point for its consideration — Supreme Court of Judicature Act, 1873, s. 46.

  HIGH COURT — Division — Judge of High Court — Assignment to particular Division — Divisions not separate courts.

  5 Statutes considered

• In Re Royce’s Will Trusts; Tildesley v Tildesley

  05 Nov 1958 [1959] Ch 191, Ch D

  14 Jul 1959 [1959] Ch 626, CA

  Subsequent citations: 1.
  WILL — Attestation — Trustee

  SOLICITOR — Remuneration — Will
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  Case index catchwords

  WILL — Attestation — Trustee — Provisions in will for remuneration of trustee and solicitor — Attesting witness subsequently appointed trustee — Whether entitled to remuneration — Wills Act, 1837 (7 Will 4 & 1 Vict. c. 26), s. 15.

  SOLICITOR — Remuneration — Will — Attestation by solicitor — Subsequent appointment as trustee — Whether entitled to remuneration.

  2 Statutes considered

• In Re Hamilton-Snowball’s Conveyance

  18 Apr 1958 [1959] Ch 308, Ch D

  18 Apr 1958 [1959] Ch 308, Ch D

  Subsequent citations: 1.
  VENDOR AND PURCHASER — Purchaser's interest before completion — Requisitioned premises

  WAR — Emergency Legislation — Requisitioning.
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  Case index catchwords

  VENDOR AND PURCHASER — Purchaser's interest before completion — Requisitioned premises — Compensation on derequisitioning payable to “owner” at date of derequisitioning — Contract of sale at that date — Completion — Claim by purchaser — Whether vendor a constructive trustee for purchaser of compensation money — Compensation (Defence) Act, 1939 (2 & 3 Geo. 6, c. 75), ss. 1 (1), 2 (1) (b), 2 (3), 17 (1).

  WAR — Emergency Legislation — Requisitioning.

  2 Statutes considered

• Fry v Inland Revenue Commissioners

  12 Mar 1958 [1958] 2 WLR 673, Ch D

  17 Jul 1958 [1959] Ch 86; [1958] 3 WLR 381, CA

  Subsequent citations: 11.
  REVENUE — Estate duty — Interest in expectancy

  STATUTE — Construction — Argument ab inconvenienti
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  REVENUE — Estate duty — Interest in expectancy — Deferred payment of duty — Purchase by life tenant of interest in expectancy — Falling into possession — Whether estate duty payable on the purchase price or at the death of life tenant or not at all — Finance Act, 1894 (57 & 58 Vict. c. 30), s. 7 (6).

  STATUTE — Construction — Argument ab inconvenienti — Relevance of results of alternative possible constructions — Equitable construction preferred — Estate duty statute.

  1 Statute considered
• Barclays Bank Ltd v Inland Revenue Comrs

  17 Dec 1958 [1959] Ch 341; [1959] 2 WLR 99; [1959] 1 All ER 65, Ch D (Danckwerts J)

  21 Jul 1959 [1959] Ch 659; [1959] 3 WLR 240, CA (Lord Evershed M.R., Romer and Pearce L.JJ.)

  21 Jun 1960 [1961] AC 509; [1960] 3 WLR 280; [1960] 2 All ER 817, HL(E) (Viscout Simonds, Lord Reid, Lord Cohen, Lord Keith of Avonholm and Lord Denning)

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 5.
  STATUTE — Meaning of “deemed” — Humpty Dumpty.

  REVENUE — Estate duty — Valuation

  COMPANY — Control — Estate duty purposes
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  Case index catchwords

  STATUTE — Meaning of “deemed” — Humpty Dumpty.

  REVENUE — Estate duty — Valuation — Shares — Control of company — Shares held by deceased beneficiary — Further shares held as trustee — Whether register of members conclusive — Whether deceased in control of company — Method of valuation — Finance Act, 1894 (57 & 58 Vict. c. 30), s. 7 (5) — Finance Act, 1940 (3 & 4 Geo. 6, c. 29), ss. 55, 58 (as amended by Finance Act, 1946 (9 & 10 Geo. 6, c. 64), s. 47, Sch. 11).

  COMPANY — Control — Estate duty purposes — Trustee shareholder — Register of members — Whether conclusive — Finance Act, 1940, s. 55.

• Baines v Tweddle

  17 Jul 1959 [1959] Ch 679; [1959] 3 WLR 291, CA

  VENDOR AND PURCHASER — Defective title — Right to rescind contract
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  Case index catchwords

  VENDOR AND PURCHASER — Defective title — Right to rescind contract — Law Society's General Conditions of Sale — Power for vendor to rescind — Agreement for sale of unincumbered fee — Property subject to mortgages — Failure of vendor to obtain consent of mortgagees to sale before contract — Refusal of mortgagees to release security — Vendor not entitled to rescind.
• Midland Bank Executor and Trustee Co v Inland Revenue Comrs

  18 Dec 1958 [1959] Ch 277, CA

  Subsequent considerations : 2 positive; 1 neutral.
  REVENUE — Estate duty — Property passing on death
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  Case index catchwords

  REVENUE — Estate duty — Property passing on death — Property chargeable — Derivative trust — Gift of income of trust fund to beneficiaries of “A” trust for 21 years subject to discretionary power of accumulation — Gift over to persons to be appointed under “B” trust — Rights of “A” beneficiaries relinquished by deed and court order in favour of “B” beneficiaries subject to similar power — Appointment of “B” beneficiary to interest in income of trust fund — Death of beneficiary before expiration of 21 years — Finance Act, 1894 (57 & 58 Vict. c. 30), ss. 1, 2 (1) (b).

  1 Statute considered
• Phillips v Price

  08 Oct 1958 [1959] Ch 181, Ch D

  08 Oct 1958 [1958] 3 WLR 616, Ch D

  08 Oct 1958 [1959] Ch 181, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  LANDLORD AND TENANT — Repairs — Act of 1938

  STATUTE — Construction — Alternative or collective provisions
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  Case index catchwords

  LANDLORD AND TENANT — Repairs — Act of 1938 — Leave to proceed for possession — Breaches of covenants to repair — Application by lessor for leave to proceed in claims for forfeiture and damages — Matters to be proved to obtain such leave — Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), s. 146 (1) (3) — Leasehold Property (Repairs) Act, 1938 (1 & 2 Geo. 6, c. 34), s. 1 (1) (5) (as amended by the Landlord and Tenant Act, 1954 (2 & 3 Eliz. 2, c. 56), s. 51).

  STATUTE — Construction — Alternative or collective provisions — Proof of “a, b or c” — Whether a and b collective or alternative — Meaning of “or” — Leasehold Property (Repairs) Act, 1938, s. 1 (5).

  LANDLORD AND TENANT — Repairs — Act of 1938 — Leave to proceed for possession — Breaches of covenants to repair — Application by lessor for leave to proceed in claims for forfeiture and damages — Matters to be proved to obtain such leave — Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), s. 146 (1) (3) — Leasehold Property (Repairs) Act, 1938 (1 & 2 Geo. 6, c. 34), s. 1 (5) (as amended by the Landlord and Tenant Act, 1954 (2 & 3 Eliz. 2, c. 56), s. 51).

  5 Statutes considered