Results: 35

• Cumbrian Newspapers Group Ltd v Cumberland & Westmorland Herald Newspaper & Printing Co Ltd

  13 Mar 1986 [1987] Ch 1; [1986] 3 WLR 26; [1986] 2 All ER 816, Ch D

  Subsequent citations: 3.
  COMPANY — Shares — Classes of shares
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  Case index catchwords

  COMPANY — Shares — Classes of shares — Articles conferring rights on individual shareholder — Rights not attached to particular shares — Whether class rights — Whether rights capable of being varied or abrogated by special resolution passed by members — Companies Act 1985, s 125

  1 Case considered

• Attfield v D J Plant Hire & General Contractors Co Ltd

  11 Feb 1986 [1987] Ch 141; [1986] 3 WLR 432; [1986] 3 All ER 273, Ch D

  VENDOR AND PURCHASER — Completion — Delay in completion
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  Case index catchwords

  VENDOR AND PURCHASER — Completion — Delay in completion — Sale of leasehold premises, goodwill and stock-in-trade — Purchaser in occupation under National Conditions of Sale — Large part of purchase price paid — Failure to complete — Whether vendor entitled to order for payment into court of balance with option to purchaser of relinquishing possession — Whether order appropriate where sale included stock and major part of purchase price paid

  2 Case(s) considered
• In re Brightlife Ltd

  24 Jul 1986 [1987] Ch 200; [1987] 2 WLR 197; [1986] 3 All ER 673, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 26.
  COMPANY — Debenture — Floating charge on assets
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  Case index catchwords

  COMPANY — Debenture — Floating charge on assets — Notice to convert to specific charge — Subsequent resolution for voluntary winding up of company — Whether contractual notice effective to crystallise charge — Whether preferential debts taking in priority to debenture holder

  3 Case(s) considered
• In re Montagu’s Settlement Trusts (Manchester (Duke of) v National Westminster Bank Ltd)

  29 Mar 1985 [1987] Ch 264; [1987] 2 WLR 1192, Ch D

  29 Mar 1985 [1987] Ch 264; [1987] 2 WLR 1192; [1992] 4 All ER 308, Ch D

  Subsequent considerations : 2 positive; 1 neutral; 2 negative. Subsequent citations: 31.
  TRUSTS — Constructive trust — Beneficiary
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  Case index catchwords

  TRUSTS — Constructive trust — Beneficiary — Trustees releasing property to beneficiary absolutely in breach of trust — Beneficiary having notice of trust — Whether beneficiary having knowledge of terms of trust — Whether beneficiary constructive trustee of property

  2 Case(s) considered
• Faccenda Chicken Ltd v Fowler (Fowler v Faccenda Chicken Ltd)

  08 Nov 1983 [1984] ICR 589; [1985] 1 All ER 724, Ch D

  05 Dec 1985 [1987] Ch 117; [1986] 3 WLR 288; [1986] ICR 297; [1986] 1 All ER 617, CA

  Subsequent considerations : 2 positive; 3 neutral. Subsequent citations: 65.
  CONFIDENTIAL INFORMATION — Breach of confidence — Employment
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  Case index catchwords

  CONFIDENTIAL INFORMATION — Breach of confidence — Employment — Salesmen acquiring skill and knowledge during course of employment — Salesmen leaving and forming company in competition with employer's business — Whether knowledge of employer's customers confidential — Whether use of knowledge in breach of implied term of contract — Whether actionable conspiracy

  6 Case(s) considered

• Goldsworthy v Brickell

  (pet dis) [1987] 2 WLR 166F, HL(E)

  30 Oct 1986 [1987] Ch 378; [1987] 2 WLR 133; [1987] 1 All ER 853, CA

  Subsequent citations: 21.
  COSTS — Discretion of court — Several parties

  UNDUE INFLUENCE — Presumption — Farmer and farm manager
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  Case index catchwords

  COSTS — Discretion of court — Several parties — Claim for rescission of agreement on ground of undue influence by first defendant — Allegation of negligence against solicitors joined as second defendants — Whether plaintiff entitled to recover all costs from first defendant including those resulting from joining solicitors — Whether solicitors entitled to Sanderson order against first defendant — Whether Bullock order applicable where causes of action different

  UNDUE INFLUENCE — Presumption — Farmer and farm manager — Elderly farmer dependent on volunteer manager — Farmer granting tenancy to manager on terms disadvantageous to himself — Whether farmer fully informed and freely making grant — Whether domination of farmer by manager necessary to raise presumption of undue influence — Whether presumption raised — Whether farmer affirming grant — Whether estopped from claiming rescission

  5 Case(s) considered
• Sim v Rotherham Metropolitan Borough Council (Barnfield v Solihull Metropolitan Borough Council, Rathbone v Croydon London Borough Council, Townend v Doncaster Metropolitan Borough Council)

  23 May 1986 [1987] Ch 216; [1986] 3 WLR 851; [1986] ICR 897; [1986] 3 All ER 387; 85 LGR 128, Ch D (Scott J)

  Subsequent considerations : 1 neutral. Subsequent citations: 16.
  EDUCATION — Teacher — Contract
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  Case index catchwords

  EDUCATION — Teacher — Contract — Teachers' refusal to take classes for absent colleagues — Deductions made from salaries by local education authority employers — Whether teachers contractually bound to provide cover for absent teachers — Whether employers entitled to make deductions from teachers' salaries

  7 Case(s) considered
• TCB Ltd v Gray

  21 Nov 1985 [1986] Ch 621; [1986] 2 WLR 517; [1986] 1 All ER 587, Ch D

  07 Jul 1987 (Note) [1987] Ch 458; [1987] 3 WLR 1144; [1988] 1 All ER 108, CA

  Subsequent considerations : 2 neutral; 1 negative. Subsequent citations: 10.
  COMPANY — Dealing with company — Company's capacity
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  Case index catchwords

  COMPANY — Dealing with company — Company's capacity — Third parties dealing with company in good faith — Transaction signed on behalf of director under power of attorney — Power of attorney not sealed — Whether transaction deemed to be within company's capacity — European Communities Act 1972, s 9(1)

  3 Case(s) considered

• In re Tepper’s Will Trusts (Kramer v Ruda)

  20 Nov 1986 [1987] Ch 358; [1987] 2 WLR 729; [1987] 1 All ER 970, Ch D

  Subsequent citations: 1.
  WILL — Construction — Uncertainty
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  Case index catchwords

  WILL — Construction — Uncertainty — Condition subsequent — Beneficiaries to remain within and not to marry outside “Jewish faith” — Whether condition of defeasance void for uncertainty

  2 Case(s) considered

• Posner v Scott-Lewis

  04 Dec 1985 [1987] Ch 25; [1986] 3 WLR 531; [1986] 3 All ER 513, Ch D

  Subsequent citations: 4.
  LANDLORD AND TENANT — Covenant — Landlord's covenant to employ resident porter

  SPECIFIC PERFORMANCE — Landlord's covenant — Employment of resident porter
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  Case index catchwords

  LANDLORD AND TENANT — Covenant — Landlord's covenant to employ resident porter — Porter required to perform specified duties — Duties performed by non-resident porter — Whether breach of covenant — Whether covenant specifically enforceable

  SPECIFIC PERFORMANCE — Landlord's covenant — Employment of resident porter — Whether covenant for personal services — Whether specifically enforceable

  4 Case(s) considered