Results: 35

• Williams (J W) v Williams (M A)

  07 May 1976 [1976] Ch 278; [1976] 3 WLR 494; [1977] 1 All ER 28, CA

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 12.
  HUSBAND AND WIFE — Matrimonial home — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Matrimonial home — Divorce — Trust for sale — Husband's savings used for purchase of family home — Wife remaining in house with children after divorce — Order for sale on summons by husband under statutory trust for sale — Whether appropriate procedure — Whether issues to be remitted to Family Division — Law of Property Act 1925, s 30

  4 Case(s) considered

  1 Statute considered
• In re Butlin’s Settlement Trusts (Butlin v Butlin)

  31 Jul 1975 [1976] Ch 251; [1976] 2 WLR 547; [1976] 2 All ER 483, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 35.
  SETTLEMENT — Voluntary — Rectification
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  Case index catchwords

  SETTLEMENT — Voluntary — Rectification — Clause giving majority of trustees power to bind minority — Power intended by settlor and one original trustee to be general — Trustee opposing rectification — Whether jurisdiction to rectify without proof of mistake by all trustees

  2 Case(s) considered
• Mood Music Publishing Co Ltd v De Wolfe Ltd

  28 Oct 1975 [1976] Ch 119; [1976] 2 WLR 451; [1976] 1 All ER 763, CA

  Subsequent considerations : 3 positive. Subsequent citations: 12.
  EVIDENCE — Similar facts — Copyright action
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  Case index catchwords

  EVIDENCE — Similar facts — Copyright action — Musical work — Allegation of infringement — Defence of coincidental similarity — Works produced by defendants bearing similarity to works still in copyright — Whether admissible evidence in civil action where fraud not pleaded

  2 Case(s) considered
• In re Golden Chemical Products Ltd

  26 Mar 1976 [1976] Ch 300; [1976] 3 WLR 1; [1976] 2 All ER 543, Ch D

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 10.
  COMPANY — Winding up — Petition

  CROWN — Minister, determination by — Delegation of responsibility
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  Case index catchwords

  COMPANY — Winding up — Petition — Secretary of State's petition — Expedient that company be wound up in public interest — Exercise of power by officer of Department of Trade — Whether proper officer — Form of affidavit verifying petition — Companies Act 1967, s 35 (1) — Companies (Winding-up) Rules 1949, r 30

  CROWN — Minister, determination by — Delegation of responsibility — Exercise of power seriously affecting property rights — Whether matter of delegation — Companies Act 1967, s 35 (1)

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Jones, decd, In re (Evans v Harries)

  03 Nov 1975 [1976] Ch 200; [1976] 2 WLR 457; [1976] 1 All ER 593, CA

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  WILL — Dependent relative revocation — Mutilation
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  Case index catchwords

  WILL — Dependent relative revocation — Mutilation — Testatrix intending to make new will — Mutilation of old will — Death of testatrix before making new will — Whether revocation conditional on making new will

  4 Case(s) considered

• In re Whitfield’s Estate (Inland Revenue Comrs v Whitfield)

  18 Jul 1974 [1975] Ch 290; [1974] 3 WLR 813; [1974] 3 All ER 802, Ch D

  30 Jan 1976 [1976] Ch 264; [1976] 2 WLR 657; [1976] 1 All ER 807, CA

  25 Feb 1976 (pet dis) [1976] 2 WLR 668, HL(E)

  Subsequent citations: 3.
  REVENUE — Estate duty — Gift inter vivos
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  Case index catchwords

  REVENUE — Estate duty — Gift inter vivos — Donor borrowing money to purchase policies of assurance on her life for benefit of donees — Money under policies to be used by donees for payment of duty on gifts after donor's death — Whether debt incurred wholly for donor's benefit and deductible from estate — Finance Act 1894, s 7 (1) (a)

  3 Case(s) considered

  1 Statute considered
• Crabb v Arun District Council

  23 Jul 1975 [1976] Ch 179; [1975] 3 WLR 847; [1975] 3 All ER 865, CA

  Subsequent considerations : 3 positive; 2 neutral; 2 negative; most recently considered: 2022. Subsequent citations: 69.
  ESTOPPEL — Conduct, by — Equitable
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  Case index catchwords

  ESTOPPEL — Conduct, by — Equitable — Expectation of right of way induced and encouraged by adjoining landowner — Sale of land leaving retained land landlocked — Whether adjoining landowner estopped from denying right of way

  1 Case considered

• In re Coleman, decd

  15 Nov 1974 [1976] Ch 1; [1975] 2 WLR 213; [1975] 1 All ER 675, Ch D

  Subsequent citations: 1.
  WILL — Revocation — Contemplation of marriage
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  Case index catchwords

  WILL — Revocation — Contemplation of marriage — Gifts of part of estate to named “fiancée” — No expression showing entire will in contemplation of marriage — Subsequent marriage to fiancée — Whether will revoked by marriage — Law of Property Act 1925, s 177

  2 Case(s) considered

  1 Statute considered

• Clarke Chapman-John Thompson Ltd v Inland Revenue Comrs

  22 Nov 1973 [1975] Ch 173; [1974] 2 WLR 835; [1974] 1 All ER 465, Ch D

  24 Jul 1975 [1976] Ch 91; [1976] 2 WLR 1; [1975] 3 All ER 701, CA

  Subsequent citations: 3.
  REVENUE — Stamp duty — Exemption
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  Case index catchwords

  REVENUE — Stamp duty — Exemption — Amalgamation of companies — Issue of loan capital consequent on amalgamation — Whether “in connection with” scheme for amalgamation — Whether duty payable — Finance Act 1927, s 55 (1) — Finance Act 1967, s 28 (5)

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Bryanston Finance Ltd v de Vries (No 2)

  (pet dis) [1976] 2 WLR 56H, HL(E)

  22 Jul 1975 [1976] Ch 63; [1976] 2 WLR 41; [1976] 1 All ER 25, CA

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 13.
  COMPANY — Winding up — Petition

  INJUNCTION — Interlocutory — Winding up petition
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  Case index catchwords

  COMPANY — Winding up — Petition — Minority shareholder holding few shares threatening to present winding up petition — Shareholder actuated by malice — Company's affairs being investigated by inspectors — Right of shareholder to present petition — Companies Act 1948, s 222 (f)

  INJUNCTION — Interlocutory — Winding up petition — Minority shareholder threatening to present petition to wind up company — Motion to restrain presentation of petition on ground of abuse of process — Whether injunction to be granted on balance of convenience

  4 Case(s) considered

  1 Statute considered