Results: 58

• Derby & Co Ltd v Weldon

  29 Jul 1988 [1990] Ch 48; [1989] 2 WLR 276; [1989] 1 All ER 469; [1989] 1 Lloyd's Rep 122, CA

  Subsequent considerations : 1 positive. Subsequent citations: 43.
  INJUNCTION — Mareva injunction — Jurisdiction
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  Case index catchwords

  INJUNCTION — Mareva injunction — Jurisdiction — Interlocutory application to freeze foreign assets — Jurisdiction to grant worldwide injunction — Safeguards to protect third parties and to avoid oppression of defendants

  5 Case(s) considered
• Derby & Co Ltd v Weldon (Nos 3 and 4)

  16 Dec 1988 [1990] Ch 65; [1989] 2 WLR 412; [1989] 1 All ER 1002, CA

  Subsequent considerations : 1 positive; 4 neutral; 1 negative. Subsequent citations: 42.
  INJUNCTION — Mareva injunction — Jurisdiction
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  Case index catchwords

  INJUNCTION — Mareva injunction — Jurisdiction — Luxembourg and Panamanian companies with no assets in United Kingdom — Plaintiff seeking to prevent dissipation of their assets before judgment — Whether jurisdiction to grant injunction and appoint receiver of assets

  5 Case(s) considered

• Crown Estate Comrs v Dorset County Council

  06 Oct 1989 [1990] Ch 297; [1990] 2 WLR 89; [1990] 1 All ER 19; 88 LGR 132, Ch D

  Subsequent citations: 10.
  COMMONS — Registration — Issue estoppel

  ESTOPPEL — Per rem judicatam — Issue estoppel
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  Case index catchwords

  COMMONS — Registration — Issue estoppel — Decision of commons commissioner that road verges part of highway and not “common land” and not registrable — Whether plaintiffs estopped from asserting in later proceedings not concerned with such registration that road verges not part of highway — Commons Registration Act 1965, s 6

  ESTOPPEL — Per rem judicatam — Issue estoppel — Chief Commons Commissioner's decision that roadway verges part of highway — Refusal of plaintiffs' application to register verges as common land — Plaintiffs' claim in subsequent proceedings that verges not part of highway — Whether Chief Commons Commissioner's decision giving rise to issue estoppel

  5 Case(s) considered

  1 Words & Phrases considered
• In re Tucker (RC) (A Bankrupt), Ex p Tucker (KR)

  14 Jan 1987 [1987] 1 WLR 928; [1987] 2 All ER 23, Ch D

  16 Nov 1987 [1990] Ch 148; [1988] 2 WLR 748; [1988] 1 All ER 603, CA

  Subsequent considerations : 3 positive; 1 neutral; 2 negative. Subsequent citations: 27.
  BANKRUPTCY — Jurisdiction — Witness
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  Case index catchwords

  BANKRUPTCY — Jurisdiction — Witness — British subject resident abroad — Power to issue summons for production of documents and attendance for examination — Validity of orders for service out of jurisdiction — Bankruptcy Act 1914, s 25 — Bankruptcy Rules 1952, r 86 (as amended by Bankruptcy (Amendment) Rules 1962, r 1)

  9 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Dubai Bank Ltd v Galadari

  07 Aug 1989 [1990] Ch 98; [1989] 3 WLR 1044; [1989] 3 All ER 769; [1990] 1 Lloyd's Rep 120, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 9.
  PRACTICE — Discovery — Privilege
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  Case index catchwords

  PRACTICE — Discovery — Privilege — Professional privilege — Affidavit sworn in connection with dispute between defendants and person not party to action brought by plaintiffs — Defendants seeking legal advice in connection with that dispute — Copy of affidavit passed to defendants' solicitors — No evidence whether copy passed to solicitors made by defendants — Whether affidavit privileged in action between plaintiffs and defendants

  5 Case(s) considered
• W v Egdell

  09 Dec 1988 [1990] Ch 359; [1989] 2 WLR 689; [1989] 1 All ER 1089, Ch D

  09 Nov 1989 [1990] Ch 359; [1990] 2 WLR 471; [1990] 1 All ER 835, CA

  27 Nov 1990 (pet dis) [1990] 1 WLR 1502, HL(E)

  Subsequent considerations : 1 negative. Subsequent citations: 36.
  CONFIDENTIAL INFORMATION — Breach of confidence — Public interest
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  Case index catchwords

  CONFIDENTIAL INFORMATION — Breach of confidence — Public interest — Plaintiff detained as mental patient in secure hospital — Psychiatrist instructed by plaintiff to prepare independent report for use at mental health review tribunal — Plaintiff's application to tribunal withdrawn in view of unfavourable nature of report — Psychiatrist's disclosure of report to hospital — Copies of report sent to Home Office and tribunal — Whether psychiatrist in breach of duty of confidence owed to plaintiff

  8 Case(s) considered

• In re Sam Weller & Sons Ltd

  13 Jul 1989 [1990] Ch 682; [1989] 3 WLR 923, Ch D

  Subsequent citations: 6.
  COMPANY — Oppression — Conduct of affairs
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  Case index catchwords

  COMPANY — Oppression — Conduct of affairs — Management of family company by sole director — Director in receipt of emoluments — Failure to pay reasonable dividends — Whether “unfairly prejudicial to the interests of some part of the members” — Companies Act 1985, s 459(1)

  5 Case(s) considered

  1 Words & Phrases considered
• Buckinghamshire County Council v Moran

  (1988) 86 LGR 472

  13 Feb 1989 [1990] Ch 623; [1989] 3 WLR 152; [1989] 2 All ER 225; 88 LGR 145, CA

  Subsequent considerations : 4 positive; 1 neutral. Subsequent citations: 39.
  EVIDENCE — Privilege — “Without prejudice” correspondence

  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  EVIDENCE — Privilege — “Without prejudice” correspondence — Claim for possession of land — Defence of adverse possession — Letter asserting claim of adverse possession — No offer to negotiate — Letter marked “without prejudice” — Whether privileged

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Plot acquired for future use as public road — Use by adjoining owner as part of his garden — Whether sufficient acts of possession by adjoining owner to establish animus possidendi — Limitation Act 1980, ss 15, 17, Sch 1, paras 1, 8(1)(4)

  10 Case(s) considered
• Owen v Elliott

  25 Nov 1988 [1989] 1 WLR 162; (1988) 63 TC 319, Ch D (Millett J)

  27 Apr 1990 [1990] Ch 786; [1990] 3 WLR 133; (1988) 63 TC 319; The Times, 10 May 1990, CA

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  REVENUE — Capital Gains Tax — Private residence
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  Case index catchwords

  REVENUE — Capital Gains Tax — Private residence — Residential letting exemption — Taxpayer carrying on private hotel business — Occupation of property as main residence — Sale by taxpayer giving rise to capital gain — Whether part of property let by taxpayer as “residential accommodation” — Capital Gains Tax Act 1979, s 101(1) — Finance Act 1980, s 80(1)

  1 Case considered

  1 Words & Phrases considered

• Ipswich Borough Council v Fisons plc

  17 May 1989 [1990] Ch 709; [1989] 3 WLR 818; [1989] 2 All ER 737, Ch D (Sir Nicolas Browne-Wilkinson V-C)

  24 Nov 1989 [1990] Ch 709; [1990] 2 WLR 108; [1990] 1 All ER 730, CA

  Subsequent citations: 2.
  ARBITRATION — Award — Appeal
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  Case index catchwords

  ARBITRATION — Award — Appeal — Application for leave to appeal — Arbitrator fixing terms of long lease — No provision for rent review clause — Principles applicable to grant of leave to appeal — Whether leave to be granted — Arbitration Act 1979, s 1(3)(b)

  8 Case(s) considered