Results: 104

• In re E (D) (An Infant)

  02 Dec 1966 [1967] Ch 287; [1967] 2 WLR 445; [1967] 1 All ER 329, Ch D

  03 Mar 1967 [1967] Ch 761; [1967] 2 WLR 1370; [1967] 2 All ER 881, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 7.
  INFANT — Ward of court — Jurisdiction
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  Case index catchwords

  INFANT — Ward of court — Jurisdiction — Forum conveniens — Kidnapping case — Infant removed by grandfather contrary to order of American court from that court's jurisdiction and placed with aunt in England — Aunt granted custody and control — Infant happily settled with aunt — Whether English court to decide on merits of case or order return of infant to American jurisdiction — Whether special reasons why infant should remain here

  2 Case(s) considered
• Skinner v Trustee of the Property of Reed (a Bankrupt)

  31 May 1967 [1967] Ch 1194; [1967] 3 WLR 871; [1967] 2 All ER 1286, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  AGENCY — Auctioneer — Lien on deposit
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  Case index catchwords

  AGENCY — Auctioneer — Lien on deposit — Deposit paid by purchaser to auctioneer as stakeholder — Sale free from encumbrances — Encumbrances exceeding total price — Whether purchaser entitled to have entire deposit applied in discharge of encumbrances

  1 Case considered
• Square Grip Reinforcement Co (London) Ltd v Rowton Houses Ltd (Rowton Houses Ltd’s Lease, In re)

  21 Oct 1966 [1967] Ch 877; [1967] 2 WLR 160; [1966] 3 All ER 996; 65 LGR 294, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  COMPULSORY PURCHASE — Compensation — Lease with “break” clause
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  Case index catchwords

  COMPULSORY PURCHASE — Compensation — Lease with “break” clause — Notice to treat two months before first “break” opportunity — “Break” clause not operated — Effect on compensation — Whether leasehold interests should be valued as at date of notice to treat, or date of taking possession — Lands Clauses Consolidation Act, 1845, ss 18, 121 — Land Compensation Act, 1961

  5 Case(s) considered

  2 Statutes considered
• Macsaga Investment Co Ltd v Lupton

  06 Jul 1966 [1967] Ch 167; [1966] 3 WLR 1184; [1966] 3 All ER 375, Ch D

  15 Mar 1967 [1967] Ch 1016; [1967] 3 WLR 333; [1967] 2 All ER 930; 44 TC 659, CA

  Subsequent considerations : 3 positive. Subsequent citations: 2.
  REVENUE — Income tax — Capital allowances
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  Case index catchwords

  REVENUE — Income tax — Capital allowances — Machinery and plant — Lifts and heating plant in office block — Lease to government department by property investment company — Lessee's covenants to repair building and fixtures — Lessor's claim for wear and tear allowances — Neither lessor nor lessee using machinery or plant for trade or business — “Burden of the wear and tear thereof” — “Wear and tear” — Whether lessor entitled to allowance — Income Tax Act, 1952, ss 298, 299

  4 Case(s) considered

  4 Words & Phrases considered

  2 Statutes considered

• In re L G Clarke, Ex parte The Debtor v S Aston & Son Ltd

  29 Jul 1966 [1967] Ch 1121; [1966] 3 WLR 1101; [1966] 3 All ER 622, Ch D

  BANKRUPTCY — Act of — Waiver by creditors
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  Case index catchwords

  BANKRUPTCY — Act of — Waiver by creditors — Assent to assignment of assets for benefit of creditors induced by misrepresentation in debtor's statement of affairs — Partnership property ostensibly in sole ownership of debtor — No action by judgment creditor when facts disclosed — Sale of part of assets with concurrence of partner — Subsequent refusal of debtors to co-operate in realisation of other assets — Bankruptcy petitions founded on original act of bankruptcy and judgment debt — Whether creditor debarred from retracting assent — Effect of intervening acts of third party

  2 Case(s) considered
• Bulmer v Inland Revenue Comrs

  20 Jul 1966 [1967] Ch 145; [1966] 3 WLR 672; [1966] 3 All ER 801; 44 TC 1, Ch D

  Subsequent considerations : 2 positive. Subsequent citations: 13.
  REVENUE — Income tax — Settlement

  REVENUE — Surtax — Transaction to avoid takeover bid

  STATUTE — Construction — Chapter headings

  STATUTE — Construction — General words
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  Case index catchwords

  REVENUE — Income tax — Settlement — Bona fide commercial transaction — Avoiding take-over bid — Whether an “arrangement” — Income Tax Act, 1952, ss 404 (2), 405 (1), 409 (1) (2) (5), 411 (2), 415 (1)

  REVENUE — Surtax — Transaction to avoid takeover bid — Bona fide commercial transaction — Whether an “arrangement” — Income Tax Act, 1952, ss 404 (2), 405 (1), 409 (1) (2) (5), 411 (2), 415 (1)

  STATUTE — Construction — Chapter headings — Aid to construction of general words

  STATUTE — Construction — General words — Power of court to imply restriction

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Hogg v Cramphorn Ltd

  18 Oct 1963 [1967] Ch 254; [1966] 3 WLR 995; [1966] 3 All ER 420, Ch D

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 24.
  COMPANY — Director — Fiduciary duty to company

  COMPANY — Shares — Articles of association
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  Case index catchwords

  COMPANY — Director — Fiduciary duty to company — Use of powers to issue shares and lend money in order to retain control of company — Bona fide belief that transaction in best interests of company — Whether ultra vires — Ratification by general meeting

  COMPANY — Shares — Articles of association — Power for directors to issue shares “with a special or without any right of voting” — Provision that in case of a poll “every member shall have one vote for every share held by him” — Whether directors empowered to issue shares carrying 10 votes each on a poll

  2 Case(s) considered
• Alfred F Beckett Ltd v Lyons

  29 Nov 1966 [1967] Ch 449; [1967] 2 WLR 421; [1967] 1 All ER 833; 65 LGR 73, CA

  02 Dec 1966 (pet dis) [1967] 2 WLR 445, HL(E)

  Subsequent considerations : 5 neutral; 1 negative. Subsequent citations: 17.
  PRESUMPTION — Profit à prendre or easement — Presumed prescriptive ancient grant
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  Case index catchwords

  PRESUMPTION — Profit à prendre or easement — Presumed prescriptive ancient grant — Coast of Durham — Practice of taking and carrying away sea-washed coal — Evidence for whole of living memory — No evidence of assertion of claim as of right — Whether evidence justifying claim as of right from time immemorial or by toleration of Crown — Whether local practice capable of supporting presumption of right extending to all inhabitants of County Palatine — Whether claim based on custom maintainable in respect of sea-washed coal — Whether sea-washed coal profit à prendre incapable of forming subject-matter of custom

  4 Case(s) considered
• In re Cyona Distributors Ltd

  16 Feb 1966 [1966] Ch 462; [1966] 2 WLR 761; [1966] 1 All ER 825, Ch D

  29 Nov 1966 [1967] Ch 889; [1967] 2 WLR 369; [1967] 1 All ER 281, CA

  Subsequent considerations : 1 negative. Subsequent citations: 7.
  COMPANY — Winding up — Fraud by director
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  Case index catchwords

  COMPANY — Winding up — Fraud by director — Creditor's claim for declaration of liability — Payment to creditor before declaration made — Whether sum paid impressed with trust for creditors generally — Whether material that no declaration — Whether creditor accountable to liquidator for moneys recovered — Companies Act, 1948, s 332

  6 Case(s) considered

  1 Statute considered

• In re Lansdowne’s Will Trusts

  09 Feb 1967 [1967] Ch 603; [1967] 2 WLR 992; [1967] 1 All ER 888, Ch D

  TRUSTS — Variation — Act of 1958
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  Case index catchwords

  TRUSTS — Variation — Act of 1958 — Infant tenant in tail in remainder — Proposal that entailed interest be barred integral part of proposed variation of trust — Variation of interest of infant tenant in tail and persons interested in remainder after entailed interest — Whether “application” — Trustee Act, 1925, s 53

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered