Results: 81

• 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
  Expand

  Case index catchwords

  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
• 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
  Expand

  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
• Coutts & Co v Inland Revenue Comrs (Inland Revenue Comrs v Coutts & Co)

  22 Jun 1961 [1962] Ch 305; [1961] 3 WLR 781; [1961] 3 All ER 158, Ch D

  17 Apr 1962 [1963] Ch 135; [1962] 3 WLR 347; [1962] 2 All ER 521, CA

  29 May 1963 [1964] AC 1393; [1963] 2 WLR 1407; [1963] 2 All ER 722, HL(E)

  Subsequent considerations : 2 neutral. Subsequent citations: 2.
  REVENUE — Estate duty — “Surviving spouse” exemption
  Expand

  Case index catchwords

  REVENUE — Estate duty — “Surviving spouse” exemption — Derivative settlement — Duty paid on death of first life tenant — Subsequent settlement of limited interests on death — Whether deceased competent to dispose of “settled estates” — Whether claim for duty “in respect of” settled estates — Finance Act, 1894, s 5 (2) — Finance Act, 1914, s 14

  11 Case(s) considered

  2 Words & Phrases considered

  4 Statutes considered
• In re E J Morel (1934) Ltd

  08 Feb 1961 [1962] Ch 21; [1961] 3 WLR 57; [1961] 1 All ER 796, Ch D

  Subsequent considerations : 3 negative. Subsequent citations: 4.
  BANKING — Current and loan accounts — Combination of

  BANKRUPTCY — Set off — Mutual dealings

  COMPANY — Winding up — Preferential debt
  Expand

  Case index catchwords

  BANKING — Current and loan accounts — Combination of — Three accounts of company — Overdrawn account frozen — Current and wages account — Current account credit in excess of wages account debit — Periodic transfer of wages account debit to current account — Whether accounts interdependent — Liquidation of company — Whether debit on wages account money advanced to pay wages — Whether bank entitled to preferential claim — Companies Act, 1948, s 319 (4)

  BANKRUPTCY — Set off — Mutual dealings — Two current accounts with bank — Preferential debt to bank on one account — Set-off of other — Wages — Bankruptcy Act, 1914, s 31 — Companies Act, 1948, s 317

  COMPANY — Winding up — Preferential debt — Wages — Three bank accounts — Frozen account, current account and wages account — Payments to frozen account used only to reduce indebtedness to bank — Current account in credit in excess of amount to which wages account in debit — Whether debit in wages account money advanced for the purpose of paying wages — Whether bank entitled to preferential payment of debit — Mutual credit and set-off — Bankruptcy Act, 1914, s 31 — Companies Act 1948, ss 317, 319 (4)

  1 Case considered

  2 Statutes considered

• In re Langley’s Settlements Trusts

  Subsequent citations: 2.
  SETTLEMENT — Power of withdrawal by settlor — Exercise
  Expand

  Case index catchwords

  SETTLEMENT — Power of withdrawal by settlor — Exercise — Whether power can be exercised by another as attorney — Joint exercise by settlor and another
• In re Petrie

  09 Nov 1961 [1962] Ch 355; [1961] 3 WLR 1348; [1961] 3 All ER 1067, CA

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  ADMINISTRATION OF ESTATES — Time when beneficiary entitled to payment — Executor's year

  PERPETUITY RULE — Time of vesting — Gift “when the residue of my estate is realised”

  WILL — Construction — Date of vesting
  Expand

  Case index catchwords

  ADMINISTRATION OF ESTATES — Time when beneficiary entitled to payment — Executor's year — Will — ”When residue is realised”

  PERPETUITY RULE — Time of vesting — Gift “when the residue of my estate is realised” — Time of realisation — Whether executor's year — Whether completion of administration — Whether gift void for perpetuity

  WILL — Construction — Date of vesting — Direction to realise and divide residue — Gift of share to any “National Appeal which may exist at the time when the residue of my estate is realised as aforesaid” — No power to postpone realisation — Whether perpetuity rule infringed

  5 Case(s) considered

• In re Langley’s Settlement Trusts

  29 Nov 1960 [1961] 1 WLR 41; [1961] 1 All ER 78, Ch D

  05 Oct 1961 [1962] Ch 541; [1961] 3 WLR 1169; [1961] 3 All ER 803, CA

  CONFLICT OF LAWS — Confiscatory or political legislation — Status

  CONFLICT OF LAWS — Settlement — Capacity to exercise power
  Expand

  Case index catchwords

  CONFLICT OF LAWS — Confiscatory or political legislation — Status — Penal consequences — Settlement governed by English law — Power of withdrawal by settlor — Incapacity by law of domicile — Whether penal

  CONFLICT OF LAWS — Settlement — Capacity to exercise power — Power of withdrawal by settlor — Power contained in English settlement — Order of foreign court appointing guardian of settlor — Settlor of sound mind in English law — Exercise of power by settlor — Whether appointment of foreign guardian to be disregarded — Whether “penal” — Whether exercise of power effective

  5 Case(s) considered
• Musselwhite v C H Musselwhite & Son Ltd

  20 Dec 1961 [1962] Ch 964; [1962] 2 WLR 374; [1962] 1 All ER 201, Ch D

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 9.
  COMPANY — Meeting — Service of notice

  COMPANY — Meeting — Vote

  COMPANY — Shares — Sale
  Expand

  Case index catchwords

  COMPANY — Meeting — Service of notice — Omission to serve notice arising from error as to legal position — Whether accidental — Companies Act, 1929, Sch 1, Table A, art 43

  COMPANY — Meeting — Vote — Entitlement to vote — Meeting held after last permitted day — Relevant date of state of share register

  COMPANY — Shares — Sale — Rights of unpaid or partly-paid vendor in respect of shares

  1 Case considered

  1 Statute considered
• Birmingham Citizens Permanent Building Society v Caunt

  07 Dec 1961 [1962] Ch 883; [1962] 2 WLR 323; [1962] 1 All ER 163, Ch D

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 16.
  JUDICIAL PRECEDENT — Practice direction — Jurisdiction, affecting

  MORTGAGE — Possession — Summons for possession

  PRACTICE — Chancery Division — Master
  Expand

  Case index catchwords

  JUDICIAL PRECEDENT — Practice direction — Jurisdiction, affecting — Not authoritative — Jurisdiction to adjourn mortgagee's summons for possession — Direction “by the Judges of the Chancery Division”

  MORTGAGE — Possession — Summons for possession — Adjournment — Mortgage repayment by instalments — Mortgagee's power of sale exercisable — Discretion of court to adjourn hearing generally — Whether within jurisdiction — Practice Direction — RSC, Ord 5, r 5a; Ord 55, r 5a

  PRACTICE — Chancery Division — Master — Right of party to require adjournment of summons to judge — District registrar in same position as master

  6 Case(s) considered

  2 Statutory Instruments considered

• In re Chance’s Will Trusts

  29 Jan 1962 [1962] Ch 593; [1962] 1 WLR 409; [1962] 1 All ER 942, Ch D

  CAPITAL OR INCOME — Town planning — Compensation

  WILL — Construction — Annuity
  Expand

  Case index catchwords

  CAPITAL OR INCOME — Town planning — Compensation — Will — Payments made after death of testator — Whether interest apportionable — Town and Country Planning Act, 1954, s 14 (1)

  WILL — Construction — Annuity — Direction to pay balance of income subject to direction to pay annuities “without recourse to capital” — Whether annuity a continuing charge on income

  6 Case(s) considered

  1 Statute considered