Results: 85

• Lawlor v Union of Post Office Workers

  29 Oct 1964 [1965] Ch 712; [1965] 2 WLR 579; [1965] 1 All ER 353, Ch D

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 11.
  NATURAL JUSTICE — Opportunity to meet charge — Expulsion from trade union

  NATURAL JUSTICE — Trade union rules — Whether doctrine applicable

  TRADE UNION — Expulsion — Right of action

  TRIBUNAL — Domestic — Control by courts
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  Case index catchwords

  NATURAL JUSTICE — Opportunity to meet charge — Expulsion from trade union — Whether rules of natural justice implied in contract with member

  NATURAL JUSTICE — Trade union rules — Whether doctrine applicable — Expulsion from union — Whether member entitled to opportunity to meet charge

  TRADE UNION — Expulsion — Right of action — District council committee opposing use of part-time postmen contrary to union's national agreement — Decision of executive council to expel district committee members — No notification of charge or opportunity to defend — Breach of requirements of natural justice — Construction of union rules — Power to expel if not a fit and proper person in “opinion” of executive council — Whether rules of natural justice applicable — Jurisdiction of court to intervene to grant relief before domestic appeal remedies exhausted

  TRIBUNAL — Domestic — Control by courts — Expulsion from trade union — Power to expel member if not a fit and proper person in “opinion” of executive council

  4 Case(s) considered

  1 Words & Phrases considered

• Young v Markworth Properties Ltd

  02 Feb 1965 [1965] Ch 475; [1965] 2 WLR 679; [1965] 1 All ER 834, Ch D

  Subsequent citations: 1.
  PRACTICE — Chancery Division — Summary judgment
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  Case index catchwords

  PRACTICE — Chancery Division — Summary judgment — Specific performance — Agreement for the grant of a lease at a premium — Whether “agreement for the sale or purchase of property” — RSC (Rev 1965), Ord 86, r 1 (1) (a)

  1 Case considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• In re Peretz Co Ltd

  12 Oct 1964 [1965] Ch 200; [1964] 3 WLR 1159; [1964] 3 All ER 633, Ch D

  Subsequent citations: 1.
  LEGAL AID — Certificate — Ambit
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  Case index catchwords

  LEGAL AID — Certificate — Ambit — Action by assisted person against company — Certificate to include enforcement proceedings in the High Court in respect of any order or judgment obtained in action — Damages obtained against company — Petition to wind up company founded on judgment debt — Whether covered by certificate — “Proceedings … to enforce … order … in proceedings to which the certificate relates” — Legal Aid (General) Regulations, 1962, reg 6 (2)

  1 Words & Phrases considered

  1 Statutory Instrument 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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  Case index catchwords

  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
• Inland Revenue Comrs v Parker (Inland Revenue Comrs v Tomlinson)

  28 Jul 1964 [1965] Ch 866; [1964] 3 WLR 1121; [1964] 3 All ER 510, Ch D

  08 Feb 1965 [1965] Ch 1032; [1965] 2 WLR 1141; [1967] 2 WLR 1141; [1965] 1 All ER 796, CA

  27 Jan 1966 [1966] AC 141; [1966] 2 WLR 486; [1966] 1 All ER 399; 43 TC 396, HL(E)

  Subsequent considerations : 2 positive; 5 neutral. Subsequent citations: 21.
  REVENUE — Tax advantage — Transaction in securities
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  Case index catchwords

  REVENUE — Tax advantage — Transaction in securities — Redemption of bonus debentures — Capitalisation of accumulated profits — Issue of bonus debentures redeemable after seven years — Redemption — Whether debentures “security” — Whether scheme “obtained an issue or redemption or both” — Finance Act, 1960, ss 28, 43 (4)

  8 Case(s) considered

  4 Words & Phrases considered

  2 Statutes considered
• In re Valentine’s Settlement

  07 Jul 1964 [1965] Ch 226; [1964] 3 WLR 768; [1964] 3 All ER 174, Ch D (Pennycuick J)

  03 Mar 1965 [1965] Ch 831; [1965] 2 WLR 1015; [1965] 2 All ER 226, CA (Lord Denning MR, Danckwerts and Salmon LJJ)

  Subsequent considerations : 6 positive; 1 negative. Subsequent citations: 14.
  CONFLICT OF LAWS — Adoption — Succession

  SETTLEMENT — Construction — “Children”
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  Case index catchwords

  CONFLICT OF LAWS — Adoption — Succession — Settlement on “children” — Adopted children of foreign domicile — Adoption not recognised in adopter's domicile — Whether adopted children included in “children” — Adoption of Children Act 1926, s 5 (2)

  SETTLEMENT — Construction — “Children” — Adoption in foreign country — Not recognised by adopter's lex domicilii — Whether “children” of adopter

  9 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• British Broadcasting Corpn v Johns

  05 Mar 1964 [1965] Ch 32; [1964] 2 WLR 1071; [1964] 1 All ER 923; 41 TC 471, CA

  Subsequent considerations : 1 positive. Subsequent citations: 29.
  CROWN — Prerogative — Income tax

  CROWN — Prerogative — Monopoly

  REVENUE — Income tax — Expenses of trade or profession (Schedule D)

  REVENUE — Income tax — Profits of trade
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  Case index catchwords

  CROWN — Prerogative — Income tax — Immunity — British Broadcasting Corporation — Whether servant or agent of Crown — Income Tax Act, 1952, s 122 (Schedule D) (1) (a) (i) (ii)

  CROWN — Prerogative — Monopoly — Broadcasting — British Broadcasting Corporation — Whether Crown entitled to monopoly

  REVENUE — Income tax — Expenses of trade or profession (Schedule D) — Payment to meet deficit of company — News film agency provided service to BBC — Deficit — Payment by BBC under agreement — Income Tax Act, 1952, s 137 (a)

  REVENUE — Income tax — Profits of trade — Government grant to BBC — Non-profit making body — Surplus remaining in hands at end of financial year out of moneys provided by Parliament — Whether profit liable to income tax

  5 Case(s) considered

  1 Statute considered

• In re Jones’s Will Trusts

  12 May 1965 [1965] Ch 1124; [1965] 3 WLR 506; [1965] 2 All ER 828, Ch D

  Subsequent citations: 1.
  ADOPTION — Wardship — Will

  WILL — Construction — Children

  WILL — Construction — Extrinsic evidence
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  Case index catchwords

  ADOPTION — Wardship — Will — Whether child adopted out of family to benefit — Evidence of intention against exclusion — Adoption Act, 1958, s 16 (2) (b)

  WILL — Construction — Children — Adoption — Gift to child or children — Whether child adopted out of family to benefit — Intention — Admissibility in evidence of testamentary dispositions in previous wills and of statements made by testator — Adoption Act, 1958, s 16 (2) (b)

  WILL — Construction — Extrinsic evidence — Whether intention to include child adopted by stranger — Whether what testator said that will meant relevant — “Unless the contrary intention appears” — Meaning — Adoption Act, 1958, s 16 (2) (b)

  2 Words & Phrases considered

  1 Statute considered
• In re B (JA) (An Infant)

  09 Mar 1965 [1965] Ch 1112; [1965] 3 WLR 253; [1965] 3 All ER 168, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 18.
  CONTEMPT OF COURT — Practice — Application in wardship proceedings

  CONTEMPT OF COURT — Sentence — Criminal contempt

  CONTEMPT OF COURT — Witnesses, influencing — Pending proceedings

  INFANT — Ward of court — Evidence
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  Case index catchwords

  CONTEMPT OF COURT — Practice — Application in wardship proceedings — Whether by originating motion or motion in wardship proceedings — Threats to witness in proceedings — Form of motion — Evidence by formal affidavit exhibiting statements — Defects in wording of motion and affidavits — Whether compliance with essential safeguards — Whether mere technical irregularities — Effect

  CONTEMPT OF COURT — Sentence — Criminal contempt — Wardship proceedings — Threats to potential witnesses — Committal for fixed period of four weeks

  CONTEMPT OF COURT — Witnesses, influencing — Pending proceedings — Threats intended to prevent witness giving evidence in wardship proceedings — Whether intended to prejudice the course of justice

  INFANT — Ward of court — Evidence — Formal affidavits exhibiting statement of facts relied on — Evidence not touching ward — Whether proper practice

  3 Case(s) considered
• British Railways Board v Glass

  09 Dec 1963 [1964] 1 WLR 294; [1964] 1 All ER 418, Ch D

  29 Jul 1964 [1965] Ch 538; [1966] Ch 538; [1964] 3 WLR 913; [1964] 3 All ER 418, CA

  Subsequent considerations : 2 positive; 3 neutral. Subsequent citations: 13.
  EASEMENT — Prescription — Right of way

  RAILWAY — Level crossing — Accommodation road
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  Case index catchwords

  EASEMENT — Prescription — Right of way — Dominant tenement used as caravan site — Increased number of caravans — Whether increased use of right outside prescriptive title — No change in dominant tenement from increased user

  RAILWAY — Level crossing — Accommodation road — Right of way granted to landowner — Extent of permitted user — Construction of grant — Railways Clauses Consolidation Act, 1845, s 68

  9 Case(s) considered

  1 Statute considered