Results: 30

• EMI Records Ltd v Ian Cameron Wallace Ltd

  15 Mar 1982 [1983] Ch 59; [1982] 3 WLR 245; [1982] 2 All ER 980, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  COSTS — Taxation — Costs on indemnity basis
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  Case index catchwords

  COSTS — Taxation — Costs on indemnity basis — Validity of order — Whether basis of order solicitor and own client — Supreme Court Act 1981, s 51(1) — RSC, Ord 62, rr 28, 29

  3 Case(s) considered

  1 Statutory Instrument considered
• Multinational Gas and Petrochemical Co v Multinational Gas and Petrochemical Services Ltd

  16 Feb 1983 [1983] Ch 258; [1983] 3 WLR 492; [1983] 2 All ER 563, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 36.
  COMPANY — Director — Action against

  PRACTICE — Writ — Service out of jurisdiction
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  Case index catchwords

  COMPANY — Director — Action against — Directors committing solvent company to future financial liabilities — Shareholders approving decisions — Whether company having cause of action in negligence

  PRACTICE — Writ — Service out of jurisdiction — Breach of duty of care alleged against English company in advising plaintiff — Plaintiff alleging its foreign shareholders and directors negligently acting on advice — Whether tort committed within jurisdiction — Plaintiff and English company both in liquidation — Whether company, shareholders or directors “proper party” to action — RSC, Ord 11, r 1(1)(h)(j)

  6 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered
• In re Resinoid & Mica Products Ltd (Note)

  03 May 1967 (Note) [1983] Ch 132; [1982] 3 WLR 979; [1982] 3 All ER 677, CA

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  COMPANY — Charge — Registration
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  Case index catchwords

  COMPANY — Charge — Registration — Unregistered charge — Chargee's application to extend time to register — Impending liquidation — Application refused by registrar — Voluntary liquidation supervening — Appeal by chargee — Whether time to be extended — Companies Act 1948, s 101

  1 Statute considered
• Burgess v Purchase & Sons (Farms) Ltd

  26 Oct 1982 [1983] Ch 216; [1983] 2 WLR 361; [1983] 2 All ER 4, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 5.
  COMPANY — Shares — Valuation
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  Case index catchwords

  COMPANY — Shares — Valuation — Shares of deceased shareholder in private company offered under pre-emption article — Auditors fixing fair price of shares — Valuation to be final, binding and conclusive — Auditors stating basis of valuation — Whether action impugning valuation to be struck out

  8 Case(s) considered

• Eton College v Bard

  17 May 1983 [1983] Ch 321; [1983] 3 WLR 231; [1983] 2 All ER 961, CA

  LANDLORD AND TENANT — Leasehold enfranchisement — “Long tenancy”
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — “Long tenancy” — Lease granted by housing association for 93½ years or until lease ceasing to be vested in member of association — Covenant against assignment to non-member — Whether tenancy for “term of years certain” — Whether “long tenancy” — Leasehold Reform Act 1967, s 3(1)

  2 Words & Phrases considered

  1 Statute considered
• In re Abbott (A Bankrupt), Ex parte Trustee of the Property of the Bankrupt v Abbott (PM)

  21 Dec 1981 [1983] Ch 45; [1982] 3 WLR 86; [1982] 3 All ER 181, DC

  Subsequent considerations : 2 neutral. Subsequent citations: 9.
  BANKRUPTCY — Void settlement — Matrimonial home
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  Case index catchwords

  BANKRUPTCY — Void settlement — Matrimonial home — Wife joint owner of house — Divorce proceedings — Wife's claim to property adjustment order transferring house to her — Compromise of claim — Wife's relinquishment of rights in return for money on sale of house — Husband's bankruptcy — Whether wife “purchaser … for valuable consideration” — Bankruptcy Act 1914, s 42(1) — Matrimonial Causes Act 1973, ss 24, 39

  6 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• CBS United Kingdom Ltd v Lambert

  09 Jun 1982 [1983] Ch 37; [1982] 3 WLR 746; [1982] 3 All ER 237, CA

  Subsequent citations: 17.
  INJUNCTION — Mareva injunction — Assets
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  Case index catchwords

  INJUNCTION — Mareva injunction — Assets — Infringement of copyright — Infringer purchasing expensive cars and other articles — Interim injunctions and order for discovery — Application for order for delivery of cars — Statutory jurisdiction — Supreme Court Act 1981, s 37(3)

  2 Case(s) considered

  1 Words & Phrases considered

• Lloyds Bank Ltd v City of London Corpn

  07 Jul 1982 [1983] Ch 192; [1982] 3 WLR 1138; [1983] 1 All ER 92, CA

  Subsequent citations: 1.
  LANDLORD AND TENANT — Business premises (security of tenure) — Discontinuance of proceedings
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — Discontinuance of proceedings — Landlords' opposition to tenants' application for new tenancy — Intention to demolish or reconstruct premises — Landlords withdrawing opposition — Tenants' right to compensation — Application to discontinue proceedings for new tenancy — Whether landlords prejudiced — Landlord and Tenant Act 1954, ss 30(1)(f), 37(1) (as amended by Law of Property Act 1969, s 11) — RSC, Ord 21, r 3

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered

• Manuel v Attorney-General (Noltcho v Attorney-General)

  30 Jul 1982 [1983] Ch 77; [1982] 3 WLR 821; [1982] 3 All ER 822, CA

  09 Dec 1982 (pet dis) [1983] 1 WLR 1, HL(E)

  Subsequent citations: 3.
  CROWN — Canada — Treaty obligations to Indian peoples

  STATUTE — Validity — Public general Act
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  Case index catchwords

  CROWN — Canada — Treaty obligations to Indian peoples — Canadian constitution, amendment to — Whether Crown in right of United Kingdom owing treaty obligations to Canadian Indians — Canada Act 1982

  STATUTE — Validity — Public general Act — Act to amend constitution of Canada — Express declaration that Canada requested and consented to enactment — Plea that provisions of Statute of Westminster not complied with — Application to strike out plea as showing no reasonable cause of action — Whether arguable — Whether litigant entitled to impugn Act — Statute of Westminster 1931, ss 4, 7(1) — Canada Act 1982, preamble

  4 Case(s) considered

  1 Statute considered
• Gilbert v Spoor

  05 Feb 1982 [1983] Ch 27; [1982] 3 WLR 183; [1982] 2 All ER 576, CA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  RESTRICTIVE COVENANT — Discharge or modification — Practical benefit
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  Case index catchwords

  RESTRICTIVE COVENANT — Discharge or modification — Practical benefit — Building scheme — Covenants by original purchasers of each plot not to build more than one house — Application by one owner to allow additional houses — Owners of adjacent properties within scheme objecting — Threat to view enjoyed from vicinity of but not from objectors' land — Whether view “practical benefits of substantial … advantage” to objectors — Law of Property Act 1925, s 84(1) (as amended by Law of Property Act 1969, s 28, Sch 3)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered