Results: 45

• Thomas v National Union of Mineworkers (South Wales Area)

  11 Feb 1985 [1986] Ch 20; [1985] 2 WLR 1081; [1985] ICR 886; [1985] 2 All ER 1, Ch D (Scott J)

  Subsequent considerations : 1 positive. Subsequent citations: 24.
  INDUSTRIAL RELATIONS — Pickets — Attendance at place
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  Case index catchwords

  INDUSTRIAL RELATIONS — Pickets — Attendance at place — Picketing in large numbers outside colliery gates in furtherance of trade dispute — Arrangements made by individual colliery lodges — Picketing outside miners' homes and other buildings — Picketing accompanied by verbal abuse and threats of violence — Interference with right to use public highway — Whether tortious — Whether union vicariously liable for lodges — Whether individual members of trade union entitled to restrain ultra vires actions by union — Whether secondary picketing necessarily tortuous — Conspiracy and Protection of Property Act 1875, s 7 — Trade Union and Labour Relations Act 1974, ss 13, 15(1) (as amended by Trade Union and Labour Relations (Amendment) Act 1976, s 3(2) and Employment Act 1980, s 16(1)) — Employment Act 1980, ss 16(2), 17

  9 Case(s) considered

  3 Statutes considered

• In re Collens, decd (Royal Bank of Canada (London) Ltd v Krogh)

  23 Oct 1985 [1986] Ch 505; [1986] 2 WLR 919; [1986] 1 All ER 611, Ch D

  Subsequent citations: 1.
  ADMINISTRATION OF ESTATES — Order of application of assets — Intestacy

  LAW REFORM — Whether necessary — Administration of estates
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  Case index catchwords

  ADMINISTRATION OF ESTATES — Order of application of assets — Intestacy — Widow's statutory legacy — Intestate domiciled in Trinidad — Widow taking benefit under compromise of litigation over Trinidad estate — Movable and immovable property in England — Whether immovable property to be charged with statutory legacy — Administration of Estates Act 1925, ss 33(4), 46(1), 49 (as amended by Intestates' Estates Act 1952, ss 1, 3)

  LAW REFORM — Whether necessary — Administration of estates — English immovable property regulated by lex situs — Whether amendment to law of domicile required

  2 Case(s) considered

  1 Statute considered
• Parker v Camden London Borough Council (Newman v Camden London Borough Council)

  22 Mar 1985 [1986] Ch 162; [1985] 3 WLR 47; [1985] 2 All ER 141; 84 LGR 16, CA

  Subsequent considerations : 1 positive. Subsequent citations: 14.
  HIGH COURT — Powers — Appointment of receiver and manager
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  Case index catchwords

  HIGH COURT — Powers — Appointment of receiver and manager — Local authority housing — Failure of heating and hot water services during strike — Local authority's refusal to repair services in breach of covenant — Whether appropriate for court to appoint receiver and manager — Whether mandatory injunction to be granted — Housing Act 1957, s 111(1) — Supreme Court Act 1981, s 37(1) — RSC, Ord 45, r 8

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered

• City of London Building Society v Flegg

  04 Dec 1985 [1986] Ch 605; [1986] 2 WLR 616; [1986] 1 All ER 989, CA

  14 May 1987 (pet all) [1988] AC 54; [1986] 2 WLR 627H; [1987] 2 WLR 1266; [1987] 3 All ER 435, HL(E)

  Subsequent citations: 19.
  LAND REGISTRATION — Overriding interest — “Actual occupation”
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  Case index catchwords

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Equitable tenants in common in actual occupation of land — Execution of legal charge by two trustees for sale without occupiers' knowledge — Mortgagees' claim for possession — Whether occupiers having overriding interest — Whether interest overreached by execution of legal charge — Law of Property Act 1925, ss 2(1)(ii), 14 — Land Registration Act 1925, ss 3(xv)(a), 20(1)(b), 70(1)(g)

  4 Case(s) considered

  4 Statutes considered

• In re Memco Engineering Ltd

  27 Jun 1985 [1986] Ch 86; [1985] 3 WLR 875; [1985] 3 All ER 267, Ch D

  Subsequent citations: 3.
  COMPANY — Winding up — Distress
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  Case index catchwords

  COMPANY — Winding up — Distress — Unpaid value added tax — Distress levied before winding up — Winding up order within three months of distress before sale of distrained goods — Whether distress void as against liquidator — Whether distrainers entitled to proceeds — Whether preferential creditors entitled to charge on distress fund when goods sold — Priority of charges — Companies Act 1948, ss 231, 319(7)

  3 Case(s) considered

  1 Statute considered
• International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd

  20 Nov 1985 [1985] EWCA Civ 11; [1986] Ch 513; [1986] 2 WLR 581; [1986] 1 All ER 332, CA

  Subsequent considerations : 5 positive; most recently considered: 2019. Subsequent citations: 52.
  LANDLORD AND TENANT — Assignment of lease or underletting — Consent
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  Case index catchwords

  LANDLORD AND TENANT — Assignment of lease or underletting — Consent — Covenant not to assign without landlords' consent — Lease permitting use of premises for offices only — Proposed assignment for use of premises for serviced offices — Whether refusal of consent reasonable

  1 Case considered
• Reed v Clark

  01 Apr 1985 [1986] Ch 1; [1985] 3 WLR 142; 58 TC 528, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  REVENUE — Income tax — Residence
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  Case index catchwords

  REVENUE — Income tax — Residence — Departure abroad of taxpayer ordinarily resident in United Kingdom — Intention to remain abroad throughout fiscal year — Taxpayer returning permanently to United Kingdom thereafter — Whether “person residing in the United Kingdom” during year of absence — Whether departure made for purpose of “occasional residence abroad” — Income and Corporation Taxes Act 1970, ss 49, 108

  4 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered
• Expert Clothing Service & Sales Ltd v Hillgate House Ltd

  04 Mar 1985 [1986] Ch 340; [1985] 3 WLR 359; [1985] 2 All ER 998, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 15.
  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 — Breach of covenant to reconstruct premises within specified time — Whether breach capable of remedy — Whether right to forfeit lease waived after election to forfeit — Law of Property Act 1925, s 146(1)

  4 Case(s) considered

  1 Statute considered
• In re Welsh Irish Ferries Ltd (The Ugland Trailer)

  23 May 1985 [1986] Ch 471; [1985] 3 WLR 610; [1985] 2 Lloyd's Rep 372; [1985] BCLC 327, Ch D (Nourse J)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2012. Subsequent citations: 6.
  COMPANY — Charge — Registration

  SHIPPING — Charterparty — Time charter
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  Case index catchwords

  COMPANY — Charge — Registration — Charterparty giving owners lien on subfreight — Lien not registered — Registration of subsequent fixed charge on company's book debts — Whether lien or fixed charge taking priority — Companies Act 1948, s 95(1)

  SHIPPING — Charterparty — Time charter — Owner's lien on subfreights — Mortgage by charterer of all book debts — Mortgage registered under Companies Act — Owner's lien not registered — Receivers appointed of charterer — Charterer compulsorily wound up — Whether subfreight collected by receivers from shippers payable to owner or to mortgagees — Companies Act 1948, s 95(1)

  5 Case(s) considered

  1 Statute considered
• Di Palma v Victoria Square Property Co Ltd (Victoria Square Property Co Ltd v Di Palma)

  21 Dec 1983 [1984] Ch 346; [1984] 2 WLR 761; [1984] 2 All ER 92, Ch D

  01 May 1985 [1986] Ch 150; [1985] 3 WLR 207; [1985] 2 All ER 676, CA

  17 Jul 1985 (pet dis) [1985] 1 WLR 974, HL(E)

  Subsequent considerations : 1 negative. Subsequent citations: 5.
  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture

  LAW REFORM — Whether necessary — County court
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  Case index catchwords

  LANDLORD AND TENANT — Forfeiture of lease — Relief from forfeiture — Non-payment of rent — Possession obtained under county court order — Subsequent payment of arrears — Tenant's application to Chancery Division for relief from forfeiture — Whether jurisdiction in High Court to grant relief — County Courts Act 1959, s 191(1)(c)

  LAW REFORM — Whether necessary — County court — Forfeiture of lease for non-payment of rent — Discretion to grant relief

  5 Case(s) considered

  1 Statute considered