Results: 87

• In re Macandrew’s Will Trusts

  08 May 1963 [1964] Ch 704; [1963] 3 WLR 822; [1963] 2 All ER 919, Ch D

  WILL — Construction — Insensible words
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  Case index catchwords

  WILL — Construction — Insensible words — Words apparently of contingency — Gift over — Engrafted trusts — Whether divested under rule in Maddison v Chapman — Whether literal construction avoidable

  3 Case(s) considered

• Dugon v Wlliamson

  Subsequent citations: 4.
  LEGAL AID — Costs — Order against assisted person
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  LEGAL AID — Costs — Order against assisted person — Certificate to continue appeal limited to obtaining counsel's opinion — Certificate subsequently discharged — Appeal continued on appellant's own resources — Appeal dismissed — Validity of certificate — Whether appellant “an assisted person” during currency of certificate — Whether liable to pay respondent's costs incurred between grant and discharge of certificate — Legal Aid and Advice Act, 1949, ss 1 (6), 2 (2) (e) — Legal Aid (General) Regulations, 1962, reg 13 (6) (b)

• National Provincial Bank Ltd v Hastings Car Mart Ltd (No 2)

  08 Oct 1963 [1964] Ch 128; [1963] 3 WLR 925; [1963] 3 All ER 649, Ch D

  29 Jan 1964 [1964] Ch 665; [1964] 2 WLR 751; [1964] 1 All ER 688, CA

  Subsequent citations: 5.
  HUSBAND AND WIFE — Maintenance — Disposition to avoid
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  HUSBAND AND WIFE — Maintenance — Disposition to avoid — Matrimonial home — Legal charge — Conveyance of house by husband to a company — Mortgage created by company — Disposition by husband conveying house to company set aside — Whether mortgagee's interest affected — Right of mortgagee to possession — Matrimonial Causes (Property and Maintenance) Act, 1958, s 2

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered
• Phonographic Performance Ltd v Amusement Caterers (Peckham) Ltd

  23 Jul 1963 [1964] Ch 195; [1963] 3 WLR 898; [1963] 3 All ER 493, Ch D

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 12.
  CONTEMPT OF COURT — Civil contempt — Company, by
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  CONTEMPT OF COURT — Civil contempt — Company, by — Failure to comply with order of civil court — Power to commit — Whether power to fine — Directors — Powers of court — RSC, Ord 42, r 31; Ord 44, r 2

  3 Case(s) considered

  2 Statutory Instruments considered
• In re White Rose Cottage

  20 Dec 1963 [1964] Ch 483; [1964] 2 WLR 396; [1964] 1 All ER 169, Ch D

  12 Nov 1964 [1965] Ch 940; [1965] 2 WLR 337; [1965] 1 All ER 11, CA

  01 Dec 1964 (pet dis) [1965] 2 WLR 349, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 13.
  LAND REGISTRATION — Charges register — Priority of entries

  LAW REFORM — Whether necessary — Land registration

  MORTGAGE — Bank's charge — Registered land
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  LAND REGISTRATION — Charges register — Priority of entries — Equitable charges — Memorandum of deposit of title deeds — Notice of deposit (not memorandum) entered on register — Validity — Subsequent entry of cautions of equitable charges — Whether priority over earlier notice — Land Registration Act, 1925, ss 49, 52 (1), 66 — Land Registration Rules, 1925, r 239 (1) (4)

  LAW REFORM — Whether necessary — Land registration — Entry of cautions — “Perplexing” provisions

  MORTGAGE — Bank's charge — Registered land — Power of attorney to convey legal estate in mortgagor's name — Registered land transfer — Nature of transaction — Whether transfer by mortgagor with concurrence of mortgagee or as mortgagees in exercise of power of sale — Effect — Whether overrode equitable charges — Law of Property Act, 1925, s 104

  3 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• Eastham v Newcastle United Football Club Ltd

  04 Jul 1963 [1964] Ch 413; [1963] 3 WLR 574; [1963] 3 All ER 139, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 21.
  CONSPIRACY — Restraint of trade — Football player

  PRACTICE — Declaratory judgment — Consequential relief not available

  RESTRAINT OF TRADE — Employment — Football player
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  Case index catchwords

  CONSPIRACY — Restraint of trade — Football player — Retention and transfer system

  PRACTICE — Declaratory judgment — Consequential relief not available — Jurisdiction of court — RSC, Ord 25, r 5

  RESTRAINT OF TRADE — Employment — Football player — Retention and transfer of professional football players — Retained player unable to be engaged by other clubs — Employment not renewed by retention — No maximum period for retention — System of transfer fees — Player unable to transfer unless fee paid by new club — Player's consent necessary for transfer — Right of appeal — Both systems operated together to enable club to obtain transfer fee — Whether in restraint of trade — Whether ultra vires — Right of retained player to declaratory judgment — Contract between employers — Power of court to declare invalid — Right of employee to declaratory judgment

  7 Case(s) considered

  1 Statutory Instrument considered

• In re Slatter’s Will Trusts

  23 Apr 1964 [1964] Ch 512; [1964] 3 WLR 18; [1964] 2 All ER 469, Ch D

  Subsequent citations: 1.
  CHARITY — Cy-près doctrine — Gift to discontinued charity
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  CHARITY — Cy-près doctrine — Gift to discontinued charity — Hospital — Testamentary gift to closed hospital — Hospital run by Australian Red Cross — No trust or endowment belonging to hospital — Whether gift lapsed

  5 Case(s) considered
• Dorling v Honnor Marine Ltd

  10 Apr 1963 [1964] Ch 560; [1963] 3 WLR 397; [1963] 2 All ER 495; [1963] 1 Lloyd's Rep 377, Ch D

  13 Dec 1963 [1965] Ch 1; [1964] 2 WLR 195; [1964] 1 All ER 241; [1963] 2 Lloyd's Rep 455, CA

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 4.
  COPYRIGHT — Infringement — Corresponding design applied industrially

  LICENCE — Termination — Denial of existence of licence
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  COPYRIGHT — Infringement — Corresponding design applied industrially — Design unregistered — Unauthorised reproduction of article and component parts — Whether copyright in plans infringed by reproduction of article or its component parts — Kit of parts — Whether “anything for enabling an article to be made” — Whether “object” — Photographs of parts made from plans — Whether reproduction of artistic work — Copyright Act, 1956, ss 9 (8), 10 (3) — Registered Designs Act, 1949, s 7 (1)

  LICENCE — Termination — Denial of existence of licence — Whether effective as notice of termination — Assignment of licence personal to licensee

  2 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered

• Eton College v Minister of Agriculture, Fisheries and Food

  05 Jul 1962 [1964] Ch 274; [1962] 3 WLR 726; [1962] 3 All ER 290, Ch D

  Subsequent citations: 1.
  ECCLESIASTICAL LAW — Ecclesiastical leases — College property
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  ECCLESIASTICAL LAW — Ecclesiastical leases — College property — Whether common law power restricted — Ecclesiastical Leases Act, 1571, s 3

  1 Statute considered
• In re Wills’ Trust Deeds

  21 Dec 1962 [1964] Ch 219; [1963] 2 WLR 1318; [1963] 1 All ER 390, Ch D

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 4.
  POWER OF APPOINTMENT — Special power — Release
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  Case index catchwords

  POWER OF APPOINTMENT — Special power — Release — Foundation established by trust — Power to trustees to revoke trusts and to appoint new trusts and discretionary powers — Appointment by trustees of foundation on trusts indicated as trustees of founder's will should appoint — Whether trustees of founder's will able so to release power conferred on them by that appointment as to preclude successors in office from exercising it

  7 Case(s) considered