Results: 81

• Thorne Rural District Council v Bunting

  07 Oct 1971 [1972] Ch 470; [1972] 2 WLR 517; [1972] 1 All ER 439; 71 LGR 51, Ch D

  Subsequent citations: 15.
  COMMON RIGHTS — Jurisdiction of court — Declaratory judgment

  PRACTICE — Declaratory judgment — Common rights
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  Case index catchwords

  COMMON RIGHTS — Jurisdiction of court — Declaratory judgment — Registration by defendant of claims to profits — Action by local authority for declaratory judgment — Statutory machinery for determination by commons commissioners — No commissioners appointed — Whether jurisdiction in court to determine preliminary point of law

  PRACTICE — Declaratory judgment — Common rights — Registration by defendant of claims to profits over whole rural district council area — Local objections — Council's action for declarations that defendant not entitled to claims — Cancellation of majority of claims including those in respect of council's own land — Whether council's interest sufficient for court to grant declarations — RSC, Ord 15, r 16

  3 Case(s) considered

  1 Statutory Instrument considered
• Oppenheimer v Cattermole (Nothman v Cooper)

  21 Dec 1971 [1972] Ch 585; [1972] 2 WLR 1045; [1972] 2 All ER 529, Ch D

  20 Jul 1972 [1973] Ch 264; [1972] 3 WLR 815; [1972] 3 All ER 1106, CA

  05 Feb 1975 [1976] AC 249; [1975] 2 WLR 347; [1975] 1 All ER 538; 50 TC 159, HL(E)

  Subsequent considerations : 2 neutral. Subsequent citations: 61.
  REVENUE — Income tax — Double taxation relief
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  Case index catchwords

  REVENUE — Income tax — Double taxation relief — German subject emigrating to England becoming British national — Annual pension from Germany — Whether retaining German nationality and thereby entitled to relief against income tax — Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1955, Sch, art IX (1) — Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1967, Sch, art IX (2)

  12 Case(s) considered

  4 Statutory Instruments considered
• In re Hawkins, decd (Hawkins v Hawkins)

  10 Mar 1972 [1972] Ch 714; [1972] 3 WLR 265; [1972] 3 All ER 386, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  ADMINISTRATION OF ESTATES — Foreign debt — Date for conversion

  CURRENCY — Contract — Foreign debt

  GUARANTEE — Debt — Promissory note
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  Case index catchwords

  ADMINISTRATION OF ESTATES — Foreign debt — Date for conversion — Deceased guarantor under promissory note — Principal debtor's failure to pay — Administration order — Evidence of debt lodged by creditor — When debt convertible into foreign currency

  CURRENCY — Contract — Foreign debt — Payment due in American dollars — Principal debtor's failure to pay — Death of guarantor — Administration order — Debt proved in estate — Date for conversion of debt into foreign currency

  GUARANTEE — Debt — Promissory note — Non-payment — Failure of principal debtor — Whether guarantor liable for “interest”

  2 Case(s) considered
• Binions v Evans

  27 Jan 1972 [1972] EWCA Civ 6; [1972] Ch 359; [1972] 2 WLR 729; [1972] 2 All ER 70, CA

  Subsequent considerations : 4 positive; 2 neutral. Subsequent citations: 30.
  LICENCE OR TENANCY — Exclusive occupation — Agreement determinable on occupier's death

  TRUSTS — Constructive trust — Sale of land
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  Case index catchwords

  LICENCE OR TENANCY — Exclusive occupation — Agreement determinable on occupier's death — Nature of occupier's interest — Whether contractual licence resulting in equitable interest — Whether constructive trust arising on sale with notice

  TRUSTS — Constructive trust — Sale of land — Subject to rights of occupier under disclosed agreement — Provision for “a temporary home … as tenant at will” rent free but fulfilling obligations — Determinable at occupier's will or death — Whether tenancy or trust

  1 Case considered
• Recher’s Wills Trust, In re

  Subsequent considerations : 1 positive. Subsequent citations: 18.
• Thomas v Nottingham Incorporated Football Club Ltd

  02 Dec 1971 [1972] Ch 596; [1972] 2 WLR 1025; [1972] 1 All ER 1176, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 2.
  GUARANTEE — Banking account — Overdraft
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  Case index catchwords

  GUARANTEE — Banking account — Overdraft — Guarantor's liability arising on demand — Guarantee binding until discontinuance notice received — Receipt of notice — Account closed — Accrued fixed liability — No demand made on guarantor — Whether guarantor entitled to exoneration by principal debtor

  2 Case(s) considered

• In re Howell’s Application

  14 Feb 1972 [1972] Ch 509; [1972] 2 WLR 1346; [1972] 3 All ER 662, Ch D

  Subsequent citations: 1.
  LANDLORD AND TENANT — Leasehold enfranchisement — Price of freehold
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Price of freehold — Whether moneys “payable by way of rent” included arrears which had become statute-barred — Limitation Act 1939, s 17 — Leasehold Reform Act 1967, ss 9 (5), 27 (5)

  1 Case considered

  1 Words & Phrases considered

  2 Statutes considered

• In re Cummins, decd (Cummins v Thompson)

  13 Jul 1971 [1972] Ch 62; [1971] 3 WLR 580; [1971] 3 All ER 782, CA

  Subsequent citations: 4.
  HUSBAND AND WIFE — Property — Beneficial ownership
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  Case index catchwords

  HUSBAND AND WIFE — Property — Beneficial ownership — Joint business — Property bought in husband's name from profits of business — Shares of husband and wife — Husband deceased — Whether widow entitled to half share of estate — Corroboration of widow's evidence

  2 Case(s) considered
• In re Recher’s Will Trusts (National Westminster Bank Ltd v National Anti-Vivisection Society Ltd)

  06 May 1971 [1972] Ch 526; [1971] 3 WLR 321; [1971] 3 All ER 401, Ch D

  Subsequent considerations : 2 positive; 2 neutral.
  WILL — Construction — Gift to non-charitable association
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  Case index catchwords

  WILL — Construction — Gift to non-charitable association — “The Anti-Vivisection Society, 76 Victoria Street” — Amalgamation with larger unincorporated anti-vivisection society prior to will — Assets of combined society vested in company — Identity of legatee — Legacy one of six to organisations described as “charities” — Whether legacy a purpose gift — Whether legacy valid as gift to members of combined society as accretion to funds subject to contract between members inter se, or otherwise

  6 Case(s) considered
• Shiloh Spinners Ltd v Harding

  10 Feb 1971 [1972] Ch 326; [1971] 3 WLR 34; [1971] 2 All ER 307, CA

  13 Dec 1972 [1973] AC 691; [1973] 2 WLR 28; [1973] 1 All ER 90, HL(E)

  Subsequent considerations : 6 positive; 9 neutral; 1 negative. Subsequent citations: 83.
  LAND CHARGE — Charges registrable — Equitable easement

  LAND CHARGE — Charges registrable — Estate contract

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture
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  Case index catchwords

  LAND CHARGE — Charges registrable — Equitable easement — Assignment of leasehold — Right to re-enter on breach of covenant in — Whether registrable — Land Charges Act 1925, s 10 (1), Class D (iii)

  LAND CHARGE — Charges registrable — Estate contract — Assignment of leasehold — Right to re-enter on breach of covenant and “to hold as if assignment had not been made” — Whether “any other like right” — Whether registrable — Land Charges Act 1925, s 10 (1), Class C (iv)

  LANDLORD AND TENANT — Forfeiture of lease — Re-entry — Right to re-enter on breach of covenant — No one any longer directly liable for breach of covenant — Covenant not complied with — Whether right to re-entry enforceable

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture — Assignment of leasehold — Breach of covenant to repair and support — Whether capable of remedy

  7 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered