Results: 21

• In re James (An Insolvent) (Attorney-General intervening)

  22 Oct 1976 [1977] Ch 41; [1977] 2 WLR 1; [1977] 1 All ER 364, CA

  Subsequent citations: 8.
  BANKRUPTCY — Jurisdiction — “British court”

  CONSTITUTION — Rhodesia — Constitution
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  Case index catchwords

  BANKRUPTCY — Jurisdiction — “British court” — Letter of request by “High Court of Rhodesia” to bankruptcy division of High Court in London — Illegal regime in Rhodesia — Express acceptance by judiciary — Whether request from “British court” — Southern Rhodesia Constitution Order 1965, ss 2 (1), 6 — Bankruptcy Act 1914, s 122

  CONSTITUTION — Rhodesia — Constitution — Unilateral Declaration of Independence — Whether High Court of Rhodesia “British court” within meaning of bankruptcy legislation

  3 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• Munby v Furlong

  19 Dec 1975 [1976] 1 WLR 410; [1976] 1 All ER 753, Ch D

  25 Jan 1977 [1977] Ch 359; [1977] 3 WLR 270; [1977] 2 All ER 953; 50 TC 491, CA

  Subsequent citations: 9.
  REVENUE — Income tax — Capital allowances
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  REVENUE — Income tax — Capital allowances — Machinery and plant — Barrister's expenditure on law reports and textbooks — Whether “plant” qualifying for capital allowance — Finance Act 1971, ss 41 (1) (a), 47 (1)

  7 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Tito v Waddell (No 2) (Note)

  29 Jul 1977 [1977] Ch 106; [1977] 3 WLR 972, Ch D (Sir Robert Megarry V-C)

  Subsequent citations: 52.
  COSTS — Settlement offer — Non-acceptance

  DAMAGES — Contract — Breach
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  Case index catchwords

  COSTS — Settlement offer — Non-acceptance — Costs incurred before and after offer — Almost equal — Effect of offer — RSC, Ord 22, r 3

  DAMAGES — Contract — Breach — Obligation to replant devastated land — Diminution in value of land or cost of replacing

  1 Statutory Instrument considered
• In re Chesterfield Catering Co Ltd

  02 Dec 1975 [1977] Ch 373; [1976] 3 WLR 879; [1976] 3 All ER 294; The Times, 6 December 1975, Ch D (Oliver J)

  Subsequent considerations : 2 neutral. Subsequent citations: 5.
  COMPANY — Winding up — Petition
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  Case index catchwords

  COMPANY — Winding up — Petition — Petitioners personal representatives of fully paid shareholder — Surviving members disinterested in company's affairs — No officers of company — Personal representatives' need to deal with independent liquidator to wind up estate — Surplus assets unlikely — Locus standi of personal representatives to present petition

  3 Case(s) considered
• Willingale v International Commercial Bank Ltd

  12 Mar 1976 [1976] 1 WLR 657; [1976] 2 All ER 468; 52 TC 242, Ch D (Walton J)

  15 Mar 1977 [1977] Ch 78; [1977] 3 WLR 109; [1977] 2 All ER 618; 52 TC 242, CA

  02 Feb 1978 [1978] AC 834; [1978] 2 WLR 452; [1978] 1 All ER 754; 52 TC 242, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 7.
  REVENUE — Corporation tax — Profits, computation of
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  REVENUE — Corporation tax — Profits, computation of — Anticipated profits from bills and promissory notes discounted or purchased by bank — Whether tax payable on fractional part of anticipated profits from bills — Income and Corporation Taxes Act 1970, s 108

  10 Case(s) considered

  1 Statute considered

• Twentieth Century Banking Corpn Ltd v Wilkinson

  31 Mar 1976 [1977] Ch 99; [1976] 3 WLR 489; [1976] 3 All ER 361, Ch D

  Subsequent citations: 1.
  MORTGAGE — Sale — Mortgagee's power of
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  Case index catchwords

  MORTGAGE — Sale — Mortgagee's power of — Moneys under mortgage payable after 15 years — Interest payable in monthly instalments — Agreement by mortgagee to accept repayment of capital after five years provided interest payment up to date — No express provision for moneys becoming payable or power of sale arising on default of interest instalments — No proviso for redemption — Whether mortgagee entitled to sell — Law of Property Act 1925, ss 91 (2), 101 (1) (i)

  2 Case(s) considered

  1 Statute considered
• Tito v Waddell (No 2) (Ocean Island (No 2), Tito v Attorney-General)

  03 Dec 1976 [1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D (Sir Robert Megarry V-C)

  Subsequent considerations : 4 positive; 4 neutral; 2 negative. Subsequent citations: 46.
  CONTRACT — Benefit and burden — Pure or conditional doctrine

  CROWN — Colony — Trusts

  DAMAGES — Contract — Breach

  MINES — Mining lease — Construction

  SPECIFIC PERFORMANCE — Obligation to replant — Suitability of remedy

  TRUSTS — Nature of trust — Crown
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  CONTRACT — Benefit and burden — Pure or conditional doctrine — Mining leases with replanting obligation — Government appointees taking benefits — Changes of appointees — Whether present appointees liable on obligation to replant — Whether obligation running with land — Whether in law as well as equity

  CROWN — Colony — Trusts — Phosphate island — Compulsory acquisition of land for mining under colonial legislation in name of Crown — Lease by colonial official to mining commissioners — Royalties to be held “in trust” for islanders — Funds applicable for benefit of island community and landowners — Whether fiduciary obligation on Crown — Whether indivisibility of Crown imposing liability for colonial government's obligation — Applicability of limitation period or doctrine of laches — Whether bar against Crown proceedings — Whether conflict of interest and duty — Whether breaches of self-dealing or fair-dealings rules — Mining Ordinance 1928, ss 6, 7 — Limitation Act 1939, s 2 (2) (7) — Crown Proceedings Act 1947, s 40 (2)

  DAMAGES — Contract — Breach — Obligation to replant devastated land — Measure of damages

  MINES — Mining lease — Construction — Removal of sand and shingle from “beach” of Pacific island — Extent of beach — Jurisdiction of English court in relation to foreign land

  MINES — Mining lease — Construction — Right to extract phosphates from Pacific island — Obligation to “replant” with trees and shrubs — Prescription by resident commissioner — Mining undertaking passing to mining commissioners — Abolition of office of resident commissioner — Appointment of governor — Extent of obligation to replant — Whether prescription of trees enforceable obligation — Whether condition precedent — Whether mining commissioners liable under doctrine of novation — Whether liable under doctrine of benefit and burden — Appropriate remedy — Damages

  SPECIFIC PERFORMANCE — Obligation to replant — Suitability of remedy — Phosphate mining on island — Obligation to replant with trees and shrubs prescribed by colonial official — Whether prescription contractual or governmental obligation — Whether court able to prescribe — Difficulty of supervision — Need for concurrence of all parties — Whether damages more suitable

  TRUSTS — Nature of trust — Crown — Colonial official acting under local legislation in name of Crown — Compensation and royalties to be held on “trust” for natives — “Trusts in higher sense” and “trusts in lower sense” — Whether enforceable trust or governmental obligation — Whether Crown trustee

  8 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered

  2 Overseas Enactments considered

• In re Gordon’s Will Trusts (National Westminster Bank Ltd v Gordon)

  21 Jan 1976 [1977] Ch 27; [1976] 3 WLR 387; [1976] 2 All ER 577, Ch D

  14 Nov 1977 [1978] Ch 145; [1978] 2 WLR 754; [1978] 2 All ER 969, CA

  WILL — Election — Bequest of property of another
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  Case index catchwords

  WILL — Election — Bequest of property of another — Provision for son to live in property owned jointly by him and testatrix — Provision for sale of property and proceeds to fall into residue — Income of residue on protective trusts for son and his issue — Son's election against will — Compensation for beneficiaries — Trustee's discretion to waive and determine protective trusts

  7 Case(s) considered
• O’Brien v Benson’s Hosiery (Holdings) Ltd

  17 Mar 1977 [1977] Ch 348; [1977] 3 WLR 206; [1977] 3 All ER 352; 53 TC 241, Ch D (Fox J)

  12 May 1978 [1979] Ch 152; [1978] 3 WLR 609; [1978] 3 All ER 1057; 53 TC 241, CA

  25 Oct 1979 [1980] AC 562; [1979] 3 WLR 572; [1979] 3 All ER 652; 53 TC 241, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  REVENUE — Capital Gains Tax — Disposal of assets
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  Case index catchwords

  REVENUE — Capital Gains Tax — Disposal of assets — Service contract — Payment to employer by employee to secure release from service contract — Whether employer's rights under service contract “asset” — Whether capital sum giving rise to chargeable gain received by employer on disposal of assets — Finance Act 1965, s 22 (1) (3)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Western Bank Ltd v Schindler

  (pet dis) [1976] 3 WLR 363F-G, HL(E)

  05 Mar 1976 [1977] Ch 1; [1976] 3 WLR 341; [1976] 2 All ER 393, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 28.
  MORTGAGE — Possession — Suspension of order
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  Case index catchwords

  MORTGAGE — Possession — Suspension of order — Mortgagees exercising right to possession of dwelling house — Mortgagor not in default — Court's discretion to defer order for possession — Whether term to be implied abrogating or restricting mortgagees' common law right to possession — Administration of Justice Act 1970, s 36 (1) (2) — Administration of Justice Act 1973, s 8 (1)

  5 Case(s) considered

  2 Statutes considered