Results: 103

• Beachway Management Ltd v Wisewell

  16 Oct 1970 [1971] Ch 610; [1970] 3 WLR 1118; [1971] 1 All ER 1, Ch D (Plowman J)

  PERPETUITY RULE — Time of vesting — Fluctuating rentcharge
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  Case index catchwords

  PERPETUITY RULE — Time of vesting — Fluctuating rentcharge — Uncertainty of quantum — Whether void for perpetuity

  3 Case(s) considered

• Shepherd Homes Ltd v Sandham

  11 May 1970 [1971] Ch 340; [1970] 3 WLR 348; [1970] 3 All ER 402, Ch D

  Subsequent citations: 26.
  INJUNCTION — Mandatory injunction — Interlocutory

  INJUNCTION — Mandatory — Interlocutory
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  Case index catchwords

  INJUNCTION — Mandatory injunction — Interlocutory — Breach of negative covenant by erection of fence — Covenantee's application for mandatory injunction — Covenantor's proposed application to Lands Tribunal for modification of covenant — Court's discretion to grant mandatory injunction on motion — Mandatory compared with prohibitory injunctions

  INJUNCTION — Mandatory — Interlocutory — Breach of negative covenant by erection of fence — Covenantee's application for mandatory injunction — Covenantor's proposed application to Lands Tribunal for modification of covenant — Court's discretion to grant mandatory injunction on motion — Mandatory compared with prohibitory injunctions

  8 Case(s) considered

• Scott v Bradley

  09 Nov 1970 [1971] Ch 850; [1971] 2 WLR 731; [1971] 1 All ER 583, Ch D

  Subsequent citations: 2.
  VENDOR AND PURCHASER — Memorandum in writing — Sale of land
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  Case index catchwords

  VENDOR AND PURCHASER — Memorandum in writing — Sale of land — Oral contract with material term that purchaser pay half vendor's legal costs — Payment of deposit — Receipt as memorandum in writing but omitting term — Vendor's refusal to complete — Whether purchaser entitled to specific performance on submitting to be bound by omitted term — Law of Property Act 1925, s 40 (1)

  4 Case(s) considered

  1 Statute considered

• Rother Valley Railway Co Ltd v Ministry of Transport

  23 Feb 1970 [1971] Ch 515; [1970] 2 WLR 1041; [1970] 1 All ER 1192, Ch D

  16 Jul 1970 [1971] Ch 515; [1970] 3 WLR 909; [1970] 3 All ER 805, CA

  Subsequent citations: 1.
  CROWN — Minister — Statutory power

  RAILWAY — Statutory powers — Light railway

  STATUTORY POWER — Exercise — Whether ultra vires
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  Case index catchwords

  CROWN — Minister — Statutory power — Refusal of order relating to light railway — “Duty” to consider public interest — Rival road and rail claims — Level crossings — Whether powers given to Minister by one statute can be used by that Minister acting under another statute — Whether powers limited to granting or refusing order connected with transfer of railway — Light Railways Act, 1896, ss 7, 8, 9, 24 — Ministry of Transport Act, 1919, s 2 — Railways Act, 1921, s 68

  RAILWAY — Statutory powers — Light railway — Railway in disuse — Application to Minister for amending order to enable railway to reopen — Likely obstruction of traffic by level-crossings — Minister's discretion — Whether involving considerations of expediency and public interest — Light Railways Act, 1896, ss 7, 9 (1), 24

  STATUTORY POWER — Exercise — Whether ultra vires — Statutory powers of Transport Minister — Whether available to Minister as successor to statutory bodies having more limited powers — Light Railways Act, 1896, ss 7, 24 — Ministry of Transport Act, 1919, s 2 — Railways Act, 1921, s 68

  1 Case considered

  1 Words & Phrases considered

  3 Statutes considered
• In re C L Nye Ltd

  14 Mar 1969 [1971] Ch 442; [1969] 2 WLR 1380; [1969] 2 All ER 587, Ch D (Plowman J)

  14 May 1970 [1971] Ch 442; [1970] 3 WLR 158; [1970] 3 All ER 1061, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 5.
  COMPANY — Charge — Registration, effect and validity of

  COMPANY — Register — Rectification

  COMPANY — Charge — Registration
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  Case index catchwords

  COMPANY — Charge — Registration, effect and validity of — Agent of chargee to apply for registration — Mis-statement as to date when charge created — Application made out of time — Whether registrar's certificate conclusive — Whether chargee entitled to rely on certificate — Whether charge void against liquidators — Companies Act, 1948, ss 95 (1), 96, 98 (1) (2), 101

  COMPANY — Register — Rectification — Power of court to order — Mis-statement as to date when charge created — Whether entitled to order deletion of whole entry — Companies Act, 1948, s 101

  COMPANY — Charge — Registration — Effect and validity of — Agent of chargee to apply for registration — Mis-statement as to date when charge created — Application made out of time — Whether registrar's certificate conclusive — Whether chargee entitled to rely on certificate — Whether chargee void against liquidators — Companies Act 1948, ss 95 (1), 96, 98 (1) (2)

  10 Case(s) considered

  1 Statute considered
• Hodgson v Marks

  16 Jun 1970 [1971] Ch 892; [1970] 3 WLR 956; [1970] 3 All ER 513, Ch D (Ungoed-Thomas J)

  12 Mar 1971 [1971] Ch 892; [1971] 2 WLR 1263; [1971] 2 All ER 684, CA

  Subsequent considerations : 3 positive. Subsequent citations: 21.
  UNDUE INFLUENCE — Gifts — Voluntary transfer of land

  LAND REGISTRATION — Overriding interest — “Actual occupation”

  TRUSTS — Oral — Voluntary transfer of land
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  Case index catchwords

  UNDUE INFLUENCE — Gifts — Voluntary transfer of land — Transfer of house by old lady to lodger — Presumption of undue influence

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Beneficial owner living on land with vendor — Whether in “actual occupation of land” — Land Registration Act 1925, s 70 (1) (g)

  TRUSTS — Oral — Voluntary transfer of land — No intention of gift — Failure of express oral trust — Whether resulting trust — Law of Property Act 1925, s 53 (1) (b)

  7 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• In re Conan Doyle’s Will Trusts

  07 Apr 1971 [1971] Ch 982; [1971] 2 WLR 1408; [1971] 2 All ER 1377, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  PRACTICE — Writ — Service out of jurisdiction
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  Case index catchwords

  PRACTICE — Writ — Service out of jurisdiction — Substituted service of notice of writ — Discretion of court — Principles of exercise — New rules — Whether relevant practice changed — RSC, Ord 65, r 4

  1 Statutory Instrument considered
• Gaiman v National Association for Mental Health

  25 Mar 1970 [1971] Ch 317; [1970] 3 WLR 42; [1970] 2 All ER 362, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 16.
  COMPANY — Articles of association — Form in Table C

  COMPANY — Powers — Articles of association

  NATURAL JUSTICE — Company — Whether doctrine applicable
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  Case index catchwords

  COMPANY — Articles of association — Form in Table C — Article not corresponding to any in Table C — Validity

  COMPANY — Powers — Articles of association — Power of expulsion — Whether subject to principles of natural justice — Company limited by guarantee

  NATURAL JUSTICE — Company — Whether doctrine applicable — Company limited by guarantee — Articles of association empowering council by resolution to request resignation of member — Whether need to observe principles of natural justice — Duty of directors to act bona fide in interests of company and its members

  NATURAL JUSTICE — Company — Whether doctrine applicable — Company limited by guarantee — Articles of association empowering council by resolution to request resignation of member — Whether need to observe principles of natural justice — Duty to directors to act bona fide in interests of company and its members

  1 Case considered

  1 Statute considered
• Edwards v Society of Graphical and Allied Trades

  27 Nov 1969 [1971] Ch 354; [1970] 1 WLR 379; [1970] 1 All ER 905; 7 KIR 499, Ch D (Buckley J)

  30 Jul 1970 [1971] Ch 354; [1970] 3 WLR 713; [1970] 3 All ER 689; 9 KIR 1, CA

  Subsequent considerations : 1 positive. Subsequent citations: 24.
  DAMAGES — Earnings, loss of — Trade union

  TRADE UNION — Membership — Wrongful termination

  TRADE UNION — Rules — Validity
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  Case index catchwords

  DAMAGES — Earnings, loss of — Trade union — Wrongful exclusion from membership — Measure of damages — Basis of assessment — Actual financial loss plus sum for estimated future loss — Duty to mitigate damages by reasonable conduct

  TRADE UNION — Membership — Wrongful termination — Temporary member wrongfully deprived of union card and dismissed from union shop — Assessment of damages — On appeal, union's undertaking to grant full membership — Effect on estimate of future loss

  TRADE UNION — Rules — Validity — Rule giving unfettered power to deprive temporary member of union card — No provision for natural justice or right of appeal — Loss of union membership affecting right to work — Whether void as in restraint of trade — Whether ultra vires

  3 Case(s) considered

• In re Maryon-Wilson’s Instruments

  15 Jul 1969 [1971] Ch 789; [1969] 3 WLR 575; [1969] 3 All ER 558, Ch D

  POWER OF APPOINTMENT — Construction — By whom exercisable

  SETTLED LAND — Tenant for life — Powers
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  Case index catchwords

  POWER OF APPOINTMENT — Construction — By whom exercisable — Trustees to be appointed by person entitled to rents and profits of settled land — Tenant for life not so entitled — Settled Land Act, 1925, s 108 (2)

  SETTLED LAND — Tenant for life — Powers — Limitations to sons in tail male and then further life interest — Prior life tenant childless — Surrender of life interest — Who was tenant for life — Power to appoint new trustees in person “for the time being entitled to the possession or to the receipt of the rents and profits” — Who was entitled to appoint new trustees — Settled Land Act, 1925, ss 105 (1), 108 (2)

  POWER OF APPOINTMENT — Construction — By whom exercisable — Trustees to be appointed by person entitled to rents and profits of settled land — Tenant for life not so entitled — Settled Land Act 1925, s 108 (2)

  SETTLED LAND — Tenant for life — Powers — Limitations — Life interest then to sons in tail male and then further life interest — Prior life tenant childless — Surrender of life interest — Who was tenant for life? — Power to appoint new trustees in person “for the time being entitled to the possession or to the receipt of the rents and profits” — Who was entitled to appoint new trustees? — Settled Land Act 1925, ss 105 (1), 108 (2)

  1 Statute considered