Results: 48

• Meadows v Clerical Medical and General Life Assurance Society

  30 Oct 1979 [1981] Ch 70; [1980] 2 WLR 639; [1981] 2 WLR 639; [1980] 1 All ER 454, Ch D

  Subsequent considerations : 2 neutral. Subsequent citations: 5.
  LANDLORD AND TENANT — Business premises (security of tenure) — “Tenant, the”
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — “Tenant, the” — Forfeiture of lease by underlessor — Application for relief against forfeiture adjourned — Claim against head lessors for grant of new tenancy — Whether claimant tenant under existing “tenancy” — Landlord and Tenant Act 1954, s 24 (1) (2)

  LANDLORD AND TENANT — Business premises (security of tenure) — “Tenant, the” — Forfeiture of lease by underlessor — Application for relief against forfeiture adjourned — Claim against head lessors for grant of new tenancy — Whether claimant tenant under existing “tenancy” — Landlord and Tenant Act 1954, s 24(1)(2)

  4 Case(s) considered

  4 Words & Phrases considered

  2 Statutes considered

• CBS United Kingdom Ltd v Charmdale Record Distributors Ltd

  03 Dec 1979 [1980] 3 WLR 476; [1980] 2 All ER 807, Ch D

  03 Dec 1979 [1981] Ch 91; [1980] 3 WLR 476; [1980] 2 All ER 807, Ch D

  COPYRIGHT — Infringement — Importation of recordings
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  COPYRIGHT — Infringement — Importation of recordings — Exclusive licence by American company to English company to manufacture and sell sound recordings — Importation into United Kingdom by third company of recordings made in America by American grantor — Whether infringement of copyright — Copyright Act 1956, s 16 (2) (3)

  COPYRIGHT — Infringement — Importation of recordings — Exclusive licence by American company to English company to manufacture and sell sound recording — Importation into United Kingdom by third company of recordings made in America by American grantor — Whether infringement of copyright — Copyright Act 1956, s 16(2)(3)

  2 Statutes considered

• Attorney-General of the Duchy of Lancaster v G E Overton (Farms) Ltd

  26 Jun 1980 [1981] Ch 333; [1980] 3 WLR 869; [1980] 3 All ER 503, Ch D (Dillon J)

  18 Nov 1981 [1982] Ch 277; [1982] 2 WLR 397; [1982] 1 All ER 524, CA

  Subsequent citations: 3.
  CROWN — Prerogative — Treasure trove

  LAW REFORM — Whether necessary — Treasure trove
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  CROWN — Prerogative — Treasure trove — Finding of coins with low silver content — Whether silver coins — Whether treasure trove limited to gold and silver articles and coins

  CROWN — Prerogative — Treasure trove — Finding of coins with low silver content — Whether silver coins — Whether treasure trove limited to objects of “substantial” gold or silver content

  LAW REFORM — Whether necessary — Treasure trove — Need to protect antiquities found in earth

  6 Case(s) considered

• Lothbury Investment Corpn Ltd v Inland Revenue Comrs

  04 Jul 1979 [1981] Ch 47; [1980] 2 WLR 105; [1979] 3 All ER 860; 53 TC 223, Ch D

  REVENUE — Surtax — Close company
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  Case index catchwords

  REVENUE — Surtax — Close company — Apportionment of income among company participators — Appeal to special commissioners — Commissioners' jurisdiction to review board's decision — Whether error of law by commissioners in upholding board's decision — Income and Corporation Taxes Act 1970, ss 296, 298 (2)

  REVENUE — Surtax — Close company — Apportionment of income among company participators — Appeal to special commissioners — Commissioners' jurisdiction to review board's decision — Whether error of law by commissioners in upholding board's decision — Income and Corporation Taxes Act 1970, ss 296, 298(2)

  2 Case(s) considered

  2 Statutes considered
• O’May v City of London Real Property Co Ltd

  19 Jun 1980 [1981] Ch 216; [1980] 3 WLR 881; [1980] 3 All ER 466, CA

  18 Feb 1982 [1983] 2 AC 726; [1982] 2 WLR 407; [1982] 1 All ER 660, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 10.
  LANDLORD AND TENANT — Business premises (security of tenure) — Term of new tenancy
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  LANDLORD AND TENANT — Business premises (security of tenure) — Term of new tenancy — Short-term tenancy of part of modern office block — Proposal to transfer to tenants obligation for maintenance, repair and servicing of building — Rent to be adjusted — Whether adjustment in rent sufficient compensation for tenants for new obligations — Landlord and Tenant Act 1954, ss 34, 35

  2 Case(s) considered

  1 Statute considered
• Borden (UK) Ltd v Scottish Timber Products Ltd

  15 Nov 1978 [1979] 2 Lloyd's Rep 168, Ch D (Judge Rubin sitting as a High Court judge)

  10 Jul 1979 [1981] Ch 25; [1979] 3 WLR 672; [1979] 3 All ER 961; [1980] 1 Lloyd's Rep 160, CA (Buckley, Bridge and Templeman L.JJ.)

  Subsequent considerations : 2 positive; 4 neutral; 1 negative. Subsequent citations: 11.
  SALE OF GOODS — Implied term — Obligation to account
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  SALE OF GOODS — Implied term — Obligation to account — Conditions of sale of resin containing reservation of ownership clause — Property not to pass to buyers until all outstanding debts paid — Goods irrecoverably used in manufacture of new product — Buyers in liquidation — Whether sellers entitled to trace into new product — Whether sellers having any charge on new product — Whether such charge void for non-registration — Companies Act 1948, s 95

  3 Case(s) considered

  1 Statute considered

• Nickerson v Barraclough

  19 Mar 1979 [1980] Ch 325; [1979] 3 WLR 562; [1979] 3 All ER 312, Ch D (Sir Robert Megarry V-C)

  15 Dec 1980 [1981] Ch 426; [1981] 2 WLR 773; [1981] 2 All ER 369, CA (Buckley, Eveleigh and Brightman L.JJ.)

  Subsequent citations: 4.
  EASEMENT — Right of way — Way of necessity
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  Case index catchwords

  EASEMENT — Right of way — Way of necessity — Landlocked building plot — No right of way over proposed new roads until built — Whether way of necessity to be implied from grant — Public policy against land being made unusable — Right of way to plot — Whether means of access to plot beyond — Express or implied intention of parties — Law of Property Act 1925, s 62(1)

  8 Case(s) considered

  1 Statute considered
• Prudential Assurance Co Ltd v Newman Industries Ltd (No 2)

  19 Feb 1980 [1981] Ch 257; [1980] 3 WLR 543; [1980] 2 All ER 841, Ch D

  05 Oct 1981 [1982] Ch 204; [1982] 2 WLR 31; [1982] 1 All ER 354, CA

  Subsequent considerations : 4 positive; 4 neutral; 2 negative. Subsequent citations: 97.
  COMPANY — Shareholder — Rights against company or directors

  COMPANY — Shareholder — Rights against company director
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  Case index catchwords

  COMPANY — Shareholder — Rights against company or directors — Minority shareholder's action — Directors deceiving majority of shareholders into voting to acquire assets of another company — Directors having no control over voting rights — Whether minority shareholder entitled to bring action on behalf of itself, company and other shareholders suffering damage

  COMPANY — Shareholder — Rights against company director — Minority shareholder's action — Directors advising acquisition of another company's assets — Majority of shareholders voting to acquire assets — Directors having no control over voting rights — Whether minority shareholder entitled to bring action on behalf of itself, company and other shareholders suffering damage — Whether right to bring derivative action to be determined as preliminary issue

  24 Case(s) considered
• Chase Manhattan Bank NA v Israel-British Bank (London) Ltd

  16 Jul 1979 [1981] Ch 105; [1980] 2 WLR 202; [1979] 3 All ER 1025, Ch D

  Subsequent considerations : 3 neutral. Subsequent citations: 41.
  RESTITUTION — Money credited in error — Claim by bank for repayment
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  RESTITUTION — Money credited in error — Claim by bank for repayment — New York bank crediting money to English bank's account in error — Insolvency of English bank — New York bank creditor in winding up — Proprietary claim over specific assets in hands of English bank — Whether equitable remedy of tracing available

  8 Case(s) considered
• In re Salmon, decd (Coard v National Westminster Bank Ltd)

  27 Jun 1980 [1981] Ch 167; [1980] 3 WLR 748; [1980] 3 All ER 532, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  FAMILY PROVISION — Limitation — Extension of time

  FAMILY PROVISION — Practice — Extension of time
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  Case index catchwords

  FAMILY PROVISION — Limitation — Extension of time — Widow's application — Delay of 4½ months partly due to legal aid application and partly to solicitor forgetting limitation date — Court's unfettered discretion to extend time — Guidelines on exercise of discretion — Inheritance (Provision for Family and Dependants) Act 1975, s 4

  FAMILY PROVISION — Practice — Extension of time — Application by widow — Delay of 4½ months partly due to legal aid application and partly to solicitor forgetting limitation date — Court's unfettered discretion to extend time — Guidelines on exercise of discretion — Inheritance (Provision for Family and Dependants) Act 1975, s 4

  4 Case(s) considered

  1 Statute considered