Results: 82

• Talbot v Talbot

  16 Mar 1967 [1968] Ch 1; [1967] 3 WLR 438; [1967] 2 All ER 920, CA

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 12.
  CONTRACT — Formation — Consensus ad idem

  WILL — Construction — Uncertainty
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  Case index catchwords

  CONTRACT — Formation — Consensus ad idem — Uncertainty — Agreement to purchase land at reasonable valuation — Whether concluded contract

  WILL — Construction — Uncertainty — Options to purchase farms “at a reasonable valuation” — No provision in will for mode of valuation — Whether options void for uncertainty — How, if valid, to be valued — Date of valuation — Whether exercise of options compulsory before valuation

  2 Case(s) considered
• Holder v Holder

  21 Feb 1966 [1963] Ch 353; [1968] Ch 353; [1966] 3 WLR 229; [1966] 2 All ER 116, Ch D

  08 Dec 1967 [1963] Ch 353; [1968] Ch 353; [1968] 2 WLR 237; [1968] 1 All ER 665, CA

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 22.
  ACQUIESCENCE — Breach of trust — Knowledge of legal consequences

  EXECUTOR AND ADMINISTRATOR — Executor — Renunciation

  TRUSTS — Profit by trustee from trust — Trust property purchased by trustee

  TRUSTS — Trustee — Purchase of trust property
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  Case index catchwords

  ACQUIESCENCE — Breach of trust — Knowledge of legal consequences — Whether necessary

  EXECUTOR AND ADMINISTRATOR — Executor — Renunciation — Joint acts of administration performed with other executors — Renunciation by one executor in order to purchase trust property — Probate granted to remaining executors — Whether renunciation effective — Minimal acts of administration before renunciation — Whether sufficient to amount to intermeddling — Whether sale to executor impeachable by beneficiaries

  TRUSTS — Profit by trustee from trust — Trust property purchased by trustee — Acquiescence — Purported renunciation by executor in order to purchase trust property — Beneficiary objecting to purchase on grounds other than sale to trustee — Beneficiary instructing solicitor for that purpose — Purchase by renouncing executor — Payment to beneficiary — Trustee's inability to purchase trust property subsequently raised — Whether acquiescence by beneficiary — Whether appreciation of legal consequences of known facts necessary — Conduct of beneficiary to be taken into account — Whether beneficiary's position affected by instruction of solicitor on different point — Form of order

  TRUSTS — Trustee — Purchase of trust property — Rule debarring trustee from purchase — Reasons for — Whether a rule of practice or going to jurisdiction of court

  12 Case(s) considered

• Slough Estates Ltd v Slough Borough Council

  Subsequent citations: 5.
  PRACTICE — Stay of proceedings — Judicial discretion

  TOWN PLANNING — Planning permission — Application
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  Case index catchwords

  PRACTICE — Stay of proceedings — Judicial discretion — Concurrent proceedings — Planning permission inquiry — Minister's decision awaited — Proceedings commenced in High Court — Application for stay — Lis alibi pendens — Court's discretion to order stay — Nature of relief — Supreme Court of Judicature (Consolidation) Act, 1925, s 41

  TOWN PLANNING — Planning permission — Application — Industrial development — Outline planning permission granted in 1945 subject to particulars of proposed development — Applications without use of 1945 permission — Whether 1945 permission now effective — Appeal to Minister against planning authority's refusal to determine — Proceedings commenced in High Court, while Minister's decision awaited — Concurrent proceedings — Application for stay — Court's discretion — Nature of relief — Town and Country Planning Act, 1962, ss 22, 23 — Supreme Court of Judicature (Consolidation) Act, 1925, s 41

  5 Case(s) considered

  2 Statutes considered
• In re B (S) (An Infant) (1967)

  21 Jul 1967 [1968] Ch 204; [1967] 3 WLR 1438; [1967] 3 All ER 629; 66 LGR 74, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  ADOPTION — Jurisdiction of court — Foreign element

  CONFLICT OF LAWS — Adoption — Foreign parent
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  Case index catchwords

  ADOPTION — Jurisdiction of court — Foreign element — Parent domiciled abroad — English applicants — Mother of child obtaining divorce in England — Spanish father resident in Spain — Recognition by Spanish courts of English adoption order — Impact of foreign law on English adoption order — Whether adoption order for “welfare” of child — Evidence — Order dispensing with parent's consent — Adoption Act, 1958, ss 1, 5, 7

  CONFLICT OF LAWS — Adoption — Foreign parent — Child resident in England — English applicants — Jurisdiction of court to make adoption order — Adoption Act, 1958, s 1

  1 Words & Phrases considered

• Feeney v Rix

  29 May 1968 [1968] Ch 693; [1968] 3 WLR 376; [1968] 2 All ER 569, Ch D

  29 May 1968 [1968] Ch 693; [1968] 3 WLR 376; [1968] 3 All ER 22, CA

  Subsequent citations: 2.
  PRACTICE — Pleadings — Particulars
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  Case index catchwords

  PRACTICE — Pleadings — Particulars — Condition of mind — “Never intended” — Allegations by plaintiff that he had contributed in equal shares to purchase price of house — Allegation that contributions “never intended” as gift to defendant — Whether negative allegation — Whether defendant entitled to particulars of “the overt acts of the plaintiff and the facts relied upon” by him — Whether plaintiff “any person” — RSC, Ord 18, r 12 (1) (4)

  2 Case(s) considered

  1 Statutory Instrument considered
• Clixby v Pountney

  11 Dec 1967 [1968] Ch 719; [1968] 2 WLR 865; [1968] 1 All ER 802; 44 TC 515, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  REVENUE — Income tax — Assessment
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  Case index catchwords

  REVENUE — Income tax — Assessment — Additional — Fraud or wilful default by taxpayer's accountant — Taxpayer not privy — Whether on his behalf — Income Tax Act, 1952, s 47 (1)

  1 Case considered

  1 Statute considered
• In re Spenborough Urban District Council’s Agreement

  06 Mar 1967 [1968] Ch 139; [1967] 2 WLR 1403; [1967] 1 All ER 959; 65 LGR 300, Ch D

  Subsequent considerations : 2 positive. Subsequent citations: 7.
  CONTRACT — Termination — Commercial agreement
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  Case index catchwords

  CONTRACT — Termination — Commercial agreement — No provision for termination by notice — Whether provision for reasonable notice to be implied

  4 Case(s) considered

• Harrison v Croydon London Borough Council (Croydon Development Plans 1954 and 1959, In re)

  08 Mar 1967 [1968] Ch 479; [1967] 3 WLR 100; [1967] 2 All ER 589; 65 LGR 338, Ch D

  COMPULSORY PURCHASE — Compensation — Assumption

  PRACTICE — Originating summons — Construction question
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  Case index catchwords

  COMPULSORY PURCHASE — Compensation — Assumption — Jurisdiction — Question affecting basis of compensation — Originating summons asking on construction of current development plan whether planning permission would be granted — Whether question of construction — Whether hypothetical — Whether raising justiciable issue — Matter within exclusive jurisdiction of Lands Tribunal — Land Compensation Act, 1961, ss 1, 14 (1), 16 (3) — Control of Office and Industrial Development Act, 1965, s 3

  PRACTICE — Originating summons — Construction question — Jurisdiction — Question as to basis of assessment of compensation for compulsory purchase — Matters within exclusive jurisdiction of Lands Tribunal — Whether correct procedure

  2 Statutes considered

• In re Midwood’s Settlement

  19 Jun 1967 [1968] Ch 238; [1967] 3 WLR 1014; [1967] 3 All ER 291, Ch D

  Subsequent citations: 3.
  REVENUE — Estate duty — Property passing on death
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  Case index catchwords

  REVENUE — Estate duty — Property passing on death — Life insurance policy — Settlor's protected life interest — Power of appointment in favour of issue — Settled fund including policy on settlor's life — Trustees to hold policy or substituted policy and accumulations until maturity — Power of appointment over that part of fund represented by policy released by settlor — Whether settlor had protected life interest in policy or policy held for beneficiaries under referential trusts

  3 Case(s) considered

• In re Grierson, Oldham & Adams Ltd

  03 Nov 1966 [1968] Ch 17; [1967] 1 WLR 385; [1967] 1 All ER 192, Ch D

  Subsequent citations: 3.
  COMPANY — Amalgamation — Scheme
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  Case index catchwords

  COMPANY — Amalgamation — Scheme — Opposition by minority shareholders — Statutory notice pursuant to offer to acquire shares by transferee company — Application by dissenting shareholders — Compulsory sale of shares — Discretion of court — Purchase order — Companies Act, 1948, s 209 (1)

  4 Case(s) considered

  1 Statute considered