Results: 56

• Asher v Secretary of State for the Environment

  31 Jan 1973 [1974] Ch 208; [1974] 2 WLR 466; [1974] 2 All ER 156; 72 LGR 333, CA

  Subsequent citations: 16.
  CROWN — Minister, determination by — Whether subject to review by courts

  PRACTICE — Pleadings — Striking out
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  Case index catchwords

  CROWN — Minister, determination by — Whether subject to review by courts — Alternative courses open to Minister — Direction to district auditor to hold extraordinary audit — Urban district council's refusal to operate scheme of Act — Councillors' appeal against surcharge dismissed — Action claiming direction for extraordinary audit of no effect in law — Whether statement of claim disclosed reasonable cause of action — Local Government Act 1933, ss 228 (1), 229, 236

  PRACTICE — Pleadings — Striking out — Urban district council's refusal to operate scheme of Act — Minister's direction for extraordinary audit and subsequent surcharge — Appeal against surcharge dismissed — Validity of direction not challenged — Further action claiming Minister's direction invalid — Whether vexatious or abuse of process

  1 Case considered

  1 Statute considered
• National Enterprises Ltd v Racal Communications Ltd (Racal Communications Ltd v National Enterprises Ltd)

  19 Nov 1973 [1974] Ch 251; [1974] 2 WLR 733; [1974] 1 All ER 1118; [1974] 2 Lloyd's Rep 21, Ch D

  17 Oct 1974 [1975] Ch 397; [1975] 2 WLR 222; [1974] 3 All ER 1010; [1975] 1 Lloyd's Rep 225, CA

  Subsequent considerations : 2 positive. Subsequent citations: 14.
  ARBITRATION — Arbitrator — Power of High Court to appoint

  JUDICIAL PRECEDENT — Ratio decidendi — Whether binding
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  Case index catchwords

  ARBITRATION — Arbitrator — Power of High Court to appoint — Agreement providing for appointment by third person — Refusal by third person to appoint — Court's jurisdiction — Arbitration Act 1950, s 10 (a)

  JUDICIAL PRECEDENT — Ratio decidendi — Whether binding — Assumption of point implicit in order — Point not referred to by counsel or court — Whether binding

  3 Case(s) considered

  1 Statute considered

• In re Shield, deed (Bache v Shield)

  30 Jan 1974 [1974] Ch 373; [1974] 2 WLR 885; [1974] 2 All ER 274, Ch D

  WILL — Construction — Class gift
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  Case index catchwords

  WILL — Construction — Class gift — “Relations” — Gift to “my relations also my wife's relations” after prior life interest — Date of ascertainment of class — Distribution of estate between members of class — Whether shared per stirpes or per capita

  1 Case considered
• H P Bulmer Ltd v J Bollinger SA

  22 May 1974 [1974] Ch 401; [1974] 3 WLR 202; [1974] 2 All ER 1226, CA

  Subsequent considerations : 3 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 60.
  EUROPEAN COURT OF JUSTICE — Reference to — Whether necessary
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  Case index catchwords

  EUROPEAN COURT OF JUSTICE — Reference to — Whether necessary — French defendants in English passing off action concerning champagne — Defence alleging contravention of community law — Application to refer to European court for preliminary rulings on interpretation of community wine regulations — Scope of discretion to refer — Whether ruling “necessary” to enable English court to give judgment — RSC, Ord 114, r 6 — EEC Treaty (Cmnd 5179-II), art 177 — European Communities Act 1972, s 3 (1) (2)

  1 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered
• T Lucas & Co Ltd v Mitchell

  29 Mar 1972 [1972] 1 WLR 938; [1972] 2 All ER 1035, Ch D

  28 Jul 1972 [1974] Ch 129; [1972] 3 WLR 934; [1972] 3 All ER 689, CA

  Subsequent considerations : 1 negative. Subsequent citations: 9.
  RESTRAINT OF TRADE — Employment — Salesman
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  Case index catchwords

  RESTRAINT OF TRADE — Employment — Salesman — Service agreement — Covenant not for one year after termination of employment within specified area to deal in similar goods or supply goods to persons supplied by employer — Whether restriction wider than necessary to protect employer's business — Whether severable — Whether reasonable and enforceable

  6 Case(s) considered
• Davis v Whitby

  09 Nov 1972 [1973] 1 WLR 629; [1973] 3 All ER 403, Ch D

  08 Nov 1973 [1974] Ch 186; [1974] 2 WLR 333; [1974] 1 All ER 806, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 3.
  EASEMENT — Prescription — Right of way
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  Case index catchwords

  EASEMENT — Prescription — Right of way — Pathway across servient tenement to street — Pathway moved by agreement after 15 years' use — Whether break in prescription period — Subsequent use of substituted pathway for 18 years — Whether right of way acquired by prescription

  EASEMENT — Prescription — Right of way — Prescriptive user arising from user by one fee simple owner against another — Whether servient tenement in possession of fee simple owner when user commenced — Burden of proof

  4 Case(s) considered
• In re Vandervell’s Trusts (No 2) (White v Vandervell Trustees Ltd)

  17 Jul 1973 [1974] Ch 269; [1973] 3 WLR 744; [1974] 1 All ER 47, Ch D

  03 Jul 1974 [1974] Ch 269; [1974] 3 WLR 256; [1974] 3 All ER 205, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 36.
  TRUSTS — Formation — Disposition to trustees

  TRUSTS — Resulting trust — Settlement
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  Case index catchwords

  TRUSTS — Formation — Disposition to trustees — Trustee company acting as trustee of family settlement — Transfer to company of option to purchase shares — Whether option held upon resulting trust in favour of settlor

  TRUSTS — Resulting trust — Settlement — Settlor transferring shares to charity — Dividends to provide funds — Option to buy shares exercised by trustees of family settlement — Price paid out of settlement funds — Transfer to trustees without declaration of trusts — Destination of dividends and capital — Whether resulting trust of option in favour of settlor — Whether shares held beneficially or on trust

  TRUSTS — Resulting trust — Settlement — Settlor transferring shares to charity — Option to buy shares exercised by trustees of family settlement — Price paid out of settlement funds — Intention of trust for settlement evinced — Extinction of resulting trust by exercise of option — Whether “disposition of an equitable interest or trust” — Whether writing necessary — Whether material facts pleaded — Law of Property Act 1925, ss 53 (1) (c), 205 (1) (ii) — RSC, Ord 18, r 7

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• Savage v Dunningham

  02 Jul 1973 [1974] Ch 181; [1973] 3 WLR 471; [1973] 3 All ER 429, Ch D

  Subsequent citations: 1.
  TRUSTS — Resulting trust — Flat-sharing arrangements
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  Case index catchwords

  TRUSTS — Resulting trust — Flat-sharing arrangements — Tenancy of unfurnished flat in name of one — Three sharing rent and expenses equally — No premium paid — Whether resulting trust in favour of all

• In re Walker, decd

  31 Jan 1972 [1973] Ch 140; [1972] 2 WLR 1015; [1972] 1 All ER 1096, Ch D

  15 Nov 1973 [1974] Ch 193; [1974] 2 WLR 197; [1974] 1 All ER 551, CA

  BANKRUPTCY — Administration of estates — Insolvent estate
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  Case index catchwords

  BANKRUPTCY — Administration of estates — Insolvent estate — Bankruptcy estates account at Bank of England — Request to Department of Trade and Industry to open local bank account — Purpose to invest moneys for benefit of creditors — “Probable amount of the cash balance” — “Any other reason” for opening local bank account — Bankruptcy Act 1914, s 89 (2) (a)

  1 Case considered

  3 Words & Phrases considered

  1 Statute considered

• Hardy v Elphick

  23 Mar 1973 [1974] Ch 65; [1973] 2 WLR 824; [1973] 2 All ER 914, CA

  Subsequent citations: 1.
  VENDOR AND PURCHASER — Memorandum in writing — Pleadings
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  Case index catchwords

  VENDOR AND PURCHASER — Memorandum in writing — Pleadings — Oral contract for sale of land — Plaintiff's action for specific performance relying on letter as evidence of agreement — Defence alleging letter not sufficient memorandum — Request for further and better particulars — Particulars stating terms of contract — Plaintiff bringing second action relying on letter and pleadings in first action — Whether pleadings memorandum in writing — Whether abuse of process of court — Law of Property Act 1925, s 40 — RSC, Ord 18, r 19

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered