Results: 50

• Barclays Bank Trust Co Ltd v Bluff

  30 Jan 1981 [1982] Ch 172; [1982] 2 WLR 198; [1981] 3 All ER 232, Ch D

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 5.
  PARTNERSHIP — Dissolution — Undistributed assets
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  Case index catchwords

  PARTNERSHIP — Dissolution — Undistributed assets — Dissolution by death — Estate's right to share in “profits” or be paid interest on assets — Business property increasing in value — Whether election to take interest disentitling estate from share in proceeds of sale attributable to enhanced value of property — Partnership Act 1890, s 42(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Oakacre Ltd v Claire Cleaners (Holdings) Ltd

  20 May 1981 [1982] Ch 197; [1981] 3 WLR 761; [1981] 3 All ER 667, Ch D

  Subsequent citations: 2.
  VENDOR AND PURCHASER — Completion — Delay in completion
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  Case index catchwords

  VENDOR AND PURCHASER — Completion — Delay in completion — Purchasers' writ for specific performance and damages — Writ issued before contractual date of completion — Whether jurisdiction to determine claim for damages for delay in completion

  1 Case 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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  Case index catchwords

  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

• Marshall v Cottingham

  30 Jan 1981 [1982] Ch 82; [1981] 3 WLR 235; [1981] 3 All ER 8, Ch D

  Subsequent citations: 2.
  MORTGAGE — Receiver — Commission on money received
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  Case index catchwords

  MORTGAGE — Receiver — Commission on money received — Receiver under debenture — Statutory powers of receiver extended by provisions in debenture — Power of sale — Costs of realisation to be met out of proceeds of sale — Debenture not specifying rate of commission — Whether application to court necessary to fix rate of commission — Whether agent's fees, conveyancing costs and caretaker's wages pending sale deductible from receiver's commission as “costs, charges and expenses” — Law of Property Act 1925, s 109(6)(8)

  1 Words & Phrases considered

  1 Statute considered

• In re D (J)

  14 Oct 1981 [1982] Ch 237; [1982] 2 WLR 373; [1982] 2 All ER 37, Ct of Protection

  Subsequent citations: 11.
  MENTAL DISORDER — Court of Protection — Execution of statutory will
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  Case index catchwords

  MENTAL DISORDER — Court of Protection — Execution of statutory will — Appeal from deputy master — Daughter and husband caring for patient — Principles applicable to drafting will for patient — Whether on appeal discretion in matter that of nominated judge or master — Costs of appeal — Mental Health Act 1959, ss 100(4), 102(1), 103(1)(dd) (as inserted by Administration of Justice Act 1969, s 17)

  3 Case(s) considered

  1 Statute considered
• Exxon Corpn v Exxon Insurance Consultants International Ltd

  22 Jan 1981 [1982] Ch 119; [1981] 1 WLR 624; [1981] 2 All ER 495, Ch D

  12 Jun 1981 [1982] Ch 119; [1981] 3 WLR 541; [1981] 3 All ER 241, CA

  Subsequent considerations : 1 negative. Subsequent citations: 9.
  COPYRIGHT — Infringement — Literary work
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  Case index catchwords

  COPYRIGHT — Infringement — Literary work — Invented word — Whether “original literary work” — Copyright Act 1956, s 2

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• CBS Inc v Ames Records & Tapes Ltd

  13 Feb 1981 [1982] Ch 91; [1981] 2 WLR 973; [1981] 2 All ER 812, Ch D

  Subsequent citations: 1.
  COPYRIGHT — Infringement — Musical work
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  Case index catchwords

  COPYRIGHT — Infringement — Musical work — Hiring out sound recording — Proprietors of shop providing record library service and selling blank tapes — Possibility of borrowers taping records — Whether proprietors “authorising” infringement of copyright — Whether infringement of copyright in artistic and literary work on covers of recordings by hiring — Copyright Act 1956, s 1(2)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Blacklocks v JB Developments (Godalming) Ltd

  02 Apr 1981 [1982] Ch 183; [1981] 3 WLR 554; [1981] 3 All ER 392, Ch D

  Subsequent citations: 8.
  LAND REGISTRATION — Overriding interest — Right to rectification
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  Case index catchwords

  LAND REGISTRATION — Overriding interest — Right to rectification — Land mistakenly included in transfer by plaintiff to defendants' predecessor in title — Plaintiff's continued occupation of land — Defendants registered as proprietors of land — Plaintiff's right to rectify as against defendants' predecessor in title — Whether plaintiff's right combined with actual occupation constituting overriding interest — Land Registration Act 1925, s 70(1)(g)

  4 Case(s) considered

  1 Statute considered

• In re Byfield (A Bankrupt), Ex parte Hill Samuel & Co Ltd v Trustee of the Property of the Bankrupt (Hill Samuel & Co Ltd v Trustee of the Property of the Bankrupt, Ex parte)

  13 Jul 1981 [1982] Ch 267; [1982] 2 WLR 613; [1982] 1 All ER 249, Ch D

  Subsequent citations: 3.
  BANKRUPTCY — Debt — Proof of debt
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  Case index catchwords

  BANKRUPTCY — Debt — Proof of debt — Bank transferring money on bankrupt's instructions after date of receiving order — Moneys used for payment of certain creditors — Bank's payment of equivalent sum to trustee in bankruptcy — Whether bank entitled to prove in bankruptcy — Bankruptcy (Amendment) Act 1926, s 4

  4 Case(s) considered

  1 Statute considered
• Bernard v Josephs

  30 Mar 1982 [1982] Ch 391; [1982] 2 WLR 1052; [1982] 3 All ER 162, CA

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 15.
  TRUST FOR SALE — Family home — Beneficial interests
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  Case index catchwords

  TRUST FOR SALE — Family home — Beneficial interests — House purchased as home by man and woman living together — Woman leaving home against her will — Man continuing to occupy house with new wife — Woman's application for order directing sale — Ascertainment of beneficial interests of parties — Appropriate form of order — Law of Property Act 1925, ss 30, 36(1)(2)

  4 Case(s) considered

  1 Statute considered