Results: 43

• Drummond v Austin Brown

  06 Apr 1984 [1985] Ch 52; [1984] 3 WLR 381; [1984] 2 All ER 699; 58 TC 67, CA

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

  REVENUE — Capital Gains Tax — Disposal of assets — Compensation payment on termination of business tenancy — Whether capital sum derived from asset — Whether compensation for loss of asset — Landlord and Tenant Act 1954, s 37(1) — Finance Act 1965, s 22(3)

  2 Case(s) considered

  2 Statutes considered

• Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd

  29 Nov 1983 [1985] Ch 103; [1984] 2 WLR 884; [1984] 2 All ER 65, Ch D

  18 Jul 1984 [1985] Ch 103; [1984] 3 WLR 1280; [1985] 1 All ER 261, CA

  18 Dec 1984 (pet all) [1985] 1 WLR 22, HL(E)

  11 Jul 1985 [1986] AC 207; [1985] 3 WLR 276; [1985] 2 All ER 966, HL(E)

  Subsequent citations: 4.
  CONTRACT — Formation — Offer and acceptance
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  Case index catchwords

  CONTRACT — Formation — Offer and acceptance — Sealed competitive tender — Highest single offer required — Bid comprising sum ascertainable by reference to rival bid — Whether referential bid impliedly excluded by terms of invitation — Delay in completion caused by injunction obtained by bidder — Whether purchaser entitled to inquiry as to damages — Whether vendors entitled to interest on purchase money as from completion date

  14 Case(s) considered
• Cowan v Scargill

  13 Apr 1984 [1985] Ch 270; [1984] 3 WLR 501; [1984] ICR 646; [1984] 2 All ER 750, Ch D (Sir Robert Megarry V-C)

  Subsequent considerations : 1 negative. Subsequent citations: 24.
  TRUSTS — Trustee — Duty of trustee
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  Case index catchwords

  TRUSTS — Trustee — Duty of trustee — Pension scheme for miners — Investment of funds — Trustees' policy to protect future of mining industry — Whether application of policy in interests of beneficiaries — Whether trustees in breach of trust

  5 Case(s) considered
• Official Custodian for Charities v Mackey

  15 Jun 1984 [1985] Ch 168; [1984] 3 WLR 915; [1984] 3 All ER 689, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  LANDLORD AND TENANT — Forfeiture of lease — Mortgagees' rights
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  Case index catchwords

  LANDLORD AND TENANT — Forfeiture of lease — Mortgagees' rights — Lease subject to mortgages — Receivers appointed by mortgagees — Tenant going into liquidation — Forfeiture of lease — Possible appeal pending for relief against forfeiture — Landlords seeking injunctions to restrain receivers and mortgagees from collecting rents — Whether mortgagees' title capable of retrospective validation — Whether power to grant relief retrospectively to mortgagees — Law of Property Act 1925, s 146(4)

  4 Case(s) considered

  1 Statute considered
• Official Custodian for Charities v Parway Estates Developments Ltd

  18 Apr 1984 [1985] Ch 151; [1984] 3 WLR 525; [1984] 3 All ER 679, CA

  Subsequent considerations : 3 positive. Subsequent citations: 14.
  COMPANY — Winding up — Notice

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture
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  Case index catchwords

  COMPANY — Winding up — Notice — Lease providing for forfeiture on company's liquidation — Public notification of winding up in London Gazette — Whether constructive notice to all persons dealing with company — European Communities Act 1972, s 9(4)

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture — Provision for forfeiture on tenant's liquidation — Appointment of receiver three years before liquidation — Whether landlord's knowledge of receivership and demand for rent amounting to waiver of forfeiture — Subsequent compulsory winding up and appointment of liquidator — Notification in London Gazette — Whether notification to whole world — Whether relief from forfeiture available to tenant — European Communities Act 1972, s 9(4) — Law of Property Act 1925, s 146(2)(10)

  2 Case(s) considered

  1 Statute considered

• In re Amalgamated Investment and Property Co Ltd

  02 Apr 1984 [1985] Ch 349; [1984] 3 WLR 1101; [1984] 3 All ER 272, Ch D

  Subsequent citations: 6.
  COMPANY — Winding up — Interest on debt
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  Case index catchwords

  COMPANY — Winding up — Interest on debt — Guarantee by company of debt owed by foreign corporation — Debt bearing interest to be capitalised — Creditor receiving payments in winding up of foreign corporation — Date to which interest could be claimed — Whether “interest” included capitalised interest — Whether guarantor's debt included “interest” — Whether interest limited to 5 per cent — Bankruptcy Act 1914, s 66(1)

  9 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Finch v Inland Revenue Comrs

  02 Dec 1982 [1983] 1 WLR 405, Ch D

  14 Mar 1984 [1985] Ch 1; [1984] 3 WLR 212, CA

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  REVENUE — Capital transfer tax — Settlement
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  Case index catchwords

  REVENUE — Capital transfer tax — Settlement — Relief for transfer of “relevant business property” — Life tenant carrying on farming business on settled land — Whether settled land “assets used in the business” — Whether relief from charge arising on death of life tenant — Finance Act 1975, Sch 4, para 14(2) — Finance Act 1976, Sch 10, paras 2(1), 3(1), 6

  1 Case considered

  2 Words & Phrases considered

• In re Sinclair, decd (Lloyds Bank Plc v Imperial Cancer Research Fund)

  30 Jul 1984 [1984] 1 WLR 1240; [1984] 3 All ER 362, Ch D

  27 Feb 1985 [1985] Ch 446; [1985] 2 WLR 795; [1985] 1 All ER 1066, CA

  Subsequent citations: 2.
  WILL — Construction — Estate to wife absolutely
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  Case index catchwords

  WILL — Construction — Estate to wife absolutely — Gift over to charity if wife failed to survive testator — “Lapse” of gift on testator's divorce from wife — Whether gift over to charity effective — Wills Act 1837, s 18A (as amended by Administration of Justice Act 1982, s 18)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Abbey National Building Society v Maybeech Ltd

  18 Apr 1984 [1985] Ch 190; [1984] 3 WLR 793; [1984] 3 All ER 262, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 13.
  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture
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  Case index catchwords

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture — Mortgagee's charge over lease — Lessee's failure to pay maintenance contributions — Order for forfeiture of lease — Lessor re-entering into possession — Whether mortgagee's application for statutory relief from forfeiture too late — Whether equitable jurisdiction to grant relief — Law of Property Act 1925, s 146(4)

  4 Case(s) considered

  1 Statute considered

• Ashby v Ebdon

  20 Jul 1984 [1985] Ch 394; [1985] 2 WLR 279; [1984] 3 All ER 869, Ch D

  Subsequent citations: 1.
  INJUNCTION — Relator action — Public interest
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  Case index catchwords

  INJUNCTION — Relator action — Public interest — Plaintiffs investigating affairs of housing association — Refusal by association's officers to comply with plaintiffs' request for information — Criminal sanction for non-compliance with request — Plaintiffs' action to enforce obligation to give information — Locus standi — Whether relator action essential — Housing Act 1974, s 19(2)(3) (as amended by Housing Act 1980, s 129, Sch 17, para 2)

  3 Case(s) considered