Results: 107

• In re Theo Garvin Ltd

  25 Apr 1967 [1969] 1 Ch 624; [1968] 2 WLR 683; [1967] 3 All ER 497, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  COMPANY — Winding up — Bankruptcy rules
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  Case index catchwords

  COMPANY — Winding up — Bankruptcy rules — Whether applicable — Money on deposit for fixed terms or on ordinary account — In some cases fixed term expired before commencement of winding up — Provision for interest at more than five per cent — Whether interest payable and at what rate — “Payable by virtue of a written instrument at a certain time” — Whether bankruptcy rules applicable — Companies Act, 1948, s 317 — Companies (Winding-up) Rules, 1949, rr 100, 101 — Bankruptcy Act, 1914, s 66

  7 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered
• In re Weston’s Settlements

  30 Jan 1968 [1969] 1 Ch 223; [1968] 2 WLR 1154; [1968] 1 All ER 720, Ch D

  31 Jul 1968 [1969] 1 Ch 223; [1968] 3 WLR 786; [1968] 3 All ER 338, CA

  Subsequent considerations : 1 positive; 2 negative. Subsequent citations: 9.
  TRUSTS — Variation — Act of 1958
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  Case index catchwords

  TRUSTS — Variation — Act of 1958 — Tax advantage — English settlements on infant and unborn beneficiaries — Settlement funds subject to heavy tax on a disposition — Proposal to transfer trust funds to Jersey on identical settlements subject to Jersey law — Tax advantage requiring appointment of new trustees resident in Jersey in place of English trustees and residence of existing beneficiaries in Jersey — Settlor and beneficiaries having short period of residence in Jersey — Adult beneficiaries — Evidence of intention to make Jersey permanent home — Whether court should exercise discretion to appoint trustees resident outside United Kingdom — Whether exercise confined to reasons connected with trust — Discretion to approve tax-saving variation — Whether necessity to consider detriment to infant and unborn beneficiaries or removal outside jurisdiction — Whether “expedient” to appoint new trustees — Whether variation “fit” for court to approve — Trustee Act, 1925, s 41 — Variation of Trusts Act, 1958, s 1

  2 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered

• Dungate v Lee

  29 Nov 1966 [1969] 1 Ch 545; [1967] 2 WLR 670; [1967] 1 All ER 241, Ch D

  CONTRACT — Illegality — Partnership

  GAMING — Betting — Licensed betting office
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  Case index catchwords

  CONTRACT — Illegality — Partnership — Acceptance of credit bets placed by telephone by partner not having bookmaker's licence — Whether partnership void for illegality — Purpose and intention of parties

  GAMING — Betting — Licensed betting office — Partnership — Bookmaker's permit held by one partner — Acceptance of credit bets placed by telephone by partner not having bookmaker's licence — Whether partnership void for illegality — Betting and Gaming Act, 1960, ss 2, 3, 28, Sch 1, para 17

  1 Statute considered
• Capital Finance Co Ltd v Stokes

  14 Dec 1967 [1968] 1 WLR 1158; [1968] 1 All ER 573, Ch D

  30 Jul 1968 [1969] 1 Ch 261; [1968] 3 WLR 899; [1968] 3 All ER 625, CA

  Subsequent considerations : 2 positive; 1 neutral; 3 negative. Subsequent citations: 16.
  COMPANY — Charge — Registration

  VENDOR AND PURCHASER — Lien of vendor — When arising
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  Case index catchwords

  COMPANY — Charge — Registration — Validity of unregistered charge — Part of purchase-money left on mortgage — Whether created before or after property acquired — Companies Act, 1948, ss 95, 97

  VENDOR AND PURCHASER — Lien of vendor — When arising — Effect on lien if property charged to vendor — Lien for part of unpaid purchase money at date of contract — Whether impliedly abandoned on completion — If charge subsequently avoided, vendor not entitled to lien

  5 Case(s) considered

  1 Statute considered
• Schmidt v Secretary of State for Home Affairs (Schmidt v Home Office)

  22 Oct 1968 [1969] 2 Ch 149; [1969] 2 WLR 337; [1968] 3 All ER 795, Ch D (Ungoed-Thomas J)

  19 Dec 1968 [1969] 2 Ch 149; [1969] 2 WLR 337; [1969] 1 All ER 904, CA

  13 Feb 1969 (pet dis) [1969] 1 WLR 338, HL(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 38.
  ALIEN — Landing or embarkation — Whether right of entry

  NATURAL JUSTICE — Alien — Refusal of extension of stay
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  Case index catchwords

  ALIEN — Landing or embarkation — Whether right of entry — Extension of stay — Refusal of extension — Discretion of Home Secretary — Whether invalid or contrary to natural justice — Whether action challenging validity of refusal maintainable — Aliens Order, 1953, arts 1 (1), 5 (1) (3) — RSC (Rev 1965), Ord 18, r 19

  NATURAL JUSTICE — Alien — Refusal of extension of stay — Applicability of rules of natural justice — Whether right of hearing

  6 Case(s) considered

  2 Statutory Instruments considered

• In re Eleanor Taylor’s Estate and Will Trusts

  12 Dec 1968 [1969] 2 Ch 245; [1969] 2 WLR 1371; [1969] 1 All ER 113, Ch D

  ADMINISTRATION OF ESTATES — Costs — Undisposed of share of converted residue

  ADMINISTRATION OF ESTATES — Order of application of assets — Pecuniary legacies
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  Case index catchwords

  ADMINISTRATION OF ESTATES — Costs — Undisposed of share of converted residue — Pecuniary legacies — Summons to determine application of assets — Whether costs borne by undisposed share of residue or whole of converted residue — Whether distinction between testamentary and administrative expenses — Administration of Estates Act, 1925, ss 33 (2), 34 (3), Sch 1, Pt II

  ADMINISTRATION OF ESTATES — Order of application of assets — Pecuniary legacies — Share of converted residue undisposed of — Whether pecuniary legacies payable out of undisposed of share of residue or whole of residue — Administration of Estates Act, 1925, ss 33 (2), 34 (3), Sch 1, Pt II

  6 Case(s) considered

  1 Statute considered
• British Oxygen Co Ltd v Board of Trade (British Oxygen Co Ltd v Minister of Technology)

  10 Apr 1968 [1969] 1 Ch 57; [1968] 3 WLR 1; [1968] 2 All ER 177, Ch D

  14 Feb 1969 [1969] 2 Ch 174; [1969] 2 WLR 877; [1969] 2 All ER 18, CA

  15 Jul 1970 [1971] AC 610; [1970] 3 WLR 488; [1970] 3 All ER 165, HL(E)

  Subsequent considerations : 5 positive; 3 neutral; most recently considered: 2022. Subsequent citations: 125.
  INDUSTRIAL DEVELOPMENT — Grant — “Vehicle”
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  Case index catchwords

  INDUSTRIAL DEVELOPMENT — Grant — “Vehicle” — Vacuum tank and pumping equipment — Permanently mounted on trailer — Hydrogen trailer — Parts of mobile transporters used for delivering gas to customers — Whether “machinery or plant” — Small gas cylinders — Whether used for process ancillary to making of gas — “Storage” — “Packing” — Whether eligible for grants — Discretion of the Board of Trade — Industrial Development Act, 1966, ss 1 (1) (2) (3), 13 (1)

  6 Case(s) considered

  4 Words & Phrases considered

  1 Statute considered

• Triggs v Staines Urban District Council (Staines Urban District Council’s Agreement, In re)

  12 Feb 1968 [1969] 1 Ch 10; [1968] 2 WLR 1433; [1968] 2 All ER 1; 66 LGR 618, Ch D

  Subsequent citations: 4.
  CONTRACT — Consideration — Vendor and purchaser

  TOWN PLANNING — Agreement regulating use of land — Sports ground
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  Case index catchwords

  CONTRACT — Consideration — Vendor and purchaser — Agreement under seal regulating use of land — Covenant by local authority to exercise statutory powers — Whether void covenant whole consideration for option

  TOWN PLANNING — Agreement regulating use of land — Sports ground — Covenant by planning authority restricting right of compulsory purchase on terms as to use of land with release of claim for compensation if land acquired — Whether covenant enforceable — Whether whole contract unenforceable

  1 Case considered
• In re Leek, decd

  28 Apr 1967 [1967] Ch 1061; [1968] Ch 1061; [1967] 3 WLR 576; [1967] 2 All ER 1160, Ch D

  20 Dec 1967 [1969] 1 Ch 563; [1968] 2 WLR 1385; [1968] 1 All ER 793, CA

  Subsequent considerations : 1 positive. Subsequent citations: 10.
  LAW REFORM — Whether necessary — Trusts

  PERPETUITY RULE — Discretionary trust — Power of selection

  TRUSTS — Discretionary — Power of selection

  TRUSTS — Uncertainty, void for — Discretionary power to select
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  Case index catchwords

  LAW REFORM — Whether necessary — Trusts — Trust void for uncertainty — Court no power to “blue pencil” offending words — Desirability of legislation

  PERPETUITY RULE — Discretionary trust — Power of selection — Discretionary power to apply life assurance policy money — “Benefit of wife, children or other issue” — “Or failing them” for statutory next-of-kin — No particular period specified for executive of power of selection — Whether must be executed within reasonable period — Whether void for perpetuity

  TRUSTS — Discretionary — Power of selection — Insurance policy moneys — Trust for benefit of such one or more of class as trustees in absolute discretion “shall decide” — Wife, children or other issue or such persons as had a “moral claim” on deceased — “Failing them” for statutory next-of-kin — Whether duty to select — Whether discretionary power — Whether void for uncertainty — Whether power to create interests outside perpetuity period — Premiums on policy paid by employing company — Assured employee's salary reduced by amount of premium — Forfeiture of benefits to advantage of company in certain circumstances — Whether trust for estate of deceased employee — Whether resulting trust for company

  TRUSTS — Uncertainty, void for — Discretionary power to select — Power coupled with duty — Benefit of one or more of wife, children or other issue or persons as trustees consider to have a “moral claim” on deceased — “Failing them” for statutory next-of-kin — Whether potential beneficiaries sufficiently defined

  6 Case(s) considered
• Luganda v Service Hotels Ltd

  25 Feb 1969 [1969] 2 Ch 209; [1969] 2 WLR 1056; [1969] 2 All ER 692, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 12.
  LANDLORD AND TENANT — Rent restriction — Furnished letting
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  Case index catchwords

  LANDLORD AND TENANT — Rent restriction — Furnished letting — Licensee occupying furnished bedsitting room on weekly contract — Premises described as “hotel” consisting of rooms separately occupied — Room and other services included in weekly payments — Occupier asked to pay higher rent — Reference to furnished rent tribunal followed by 48 hours' notice and exclusion of occupier from room by changing key to door — Whether room “part of a house” — Whether occupier having room has “right to occupy as a residence” — Whether in “exclusive occupation” — Whether protected by Rent Acts — Whether interim injunction should go to restore access and occupation in accordance with contract — Rent Act, 1965, s 30 (1) (5) — Rent Act, 1968, ss 70 (1) (2), 77 (1) (2), 84 (1)

  4 Case(s) considered

  3 Words & Phrases considered

  2 Statutes considered