Results: 133

• R v Paddington and St Marylebone Rent Tribunal, Ex Parte Bedrock Investments Ltd

  16 Jul 1948 [1948] 2 KB 413; [1948] 2 All ER 528; 64 TLR 388; 46 LGR 367; (1948) 92 SJ 408, CA (Scott, Asquith LJJ and Romer J)

  Subsequent considerations : 1 positive; most recently considered: 1951. Subsequent citations: 1.
  LANDLORD AND TENANT — Furnished houses rent control — Jurisdiction of rent tribunals
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  Case index catchwords

  LANDLORD AND TENANT — Furnished houses rent control — Jurisdiction of rent tribunals — Houses controlled by Rent Restriction Acts — No power to reduce rent below standard rent — Furnished Houses (Rent Control) Act, 1946 (9 & 10 Geo. 6, c. 34), s. 7.

  1 Statute considered

• S Kaprow & Co Ltd v MacLelland & Co Ltd

  22 Jan 1948 [1948] 1 KB 618; [1948] 1 All ER 264; 64 TLR 153; (1948) 92 SJ 96, CA (Tucker and Wrottesley LJJ)

  Subsequent citations: 3.
  PROCEDURE — Action in contract — Alternative claims
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  Case index catchwords

  PROCEDURE — Action in contract — Alternative claims — Money paid into court taken out — Election made by plaintiffs in error — Jurisdiction of court to grant relief.
• Cutler v Wandsworth Stadium Ltd

  22 May 1946 [1946] KB 501; [1946] 2 All ER 187, KBD (Oliver J)

  01 Dec 1947 [1948] 1 KB 291; [1947] 2 All ER 815; 64 TLR 41; (1948) 92 SJ 40, CA (Lord Greene MR, Somervell LJ and Singleton J)

  28 Feb 1949 [1949] AC 398; [1949] 1 All ER 544; 65 TLR 170; (1949) 93 SJ 163, HL (Lord Simonds, Lord Du Parcq, Lord Normand, Lord Morton of Henryton and Lord Reid)

  Subsequent considerations : 13 positive; 4 neutral; 1 negative; most recently considered: 2010. Subsequent citations: 80.
  GAMING — Betting — Dog-racing track
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  Case index catchwords

  GAMING — Betting — Dog-racing track — Use of totalisator — Provision for bookmakers — “Space … where they can “conveniently carry on bookmaking” — Action at suit of individual bookmaker — Betting and Lotteries Act (24 & 25 Geo. 5, c. 58), s. 11, sub-s. 2 (b); s. 30, sub-s. 1

  2 Case(s) considered

  1 Statute considered
• Evans v Evans

  31 Oct 1947 [1948] 1 KB 175; [1947] 2 All ER 656; 63 TLR 638, DC (Lord Goddard CJ, Humphreys and Croom-Johnson JJ)

  Subsequent considerations : 1 positive; 1 neutral; 1 negative; most recently considered: 1961. Subsequent citations: 1.
  HUSBAND AND WIFE — Maintenance order — Wife continues in husband's house against his will
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  Case index catchwords

  HUSBAND AND WIFE — Maintenance order — Wife continues in husband's house against his will — Occupation by husband and wife of different parts of the house — No cohabitation — Wife performs no domestic duties for husband and pays him no rent — “Residence with” husband — Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vic., c. 39), ss. 4 and 5 — Summary Jurisdiction (Separation and Maintenance) Act, 1925 (15 & 16 Geo. 5, c. 51), s. 1, sub-ss. 1 and 4 s. 2, sub-s. 2.

  2 Statutes considered

• Betteley Addyman and Jalland Ltd v Singer

  26 May 1948 [1948] 2 KB 405; [1948] 2 All ER 81; 64 TLR 422; 46 LGR 437; (1948) 112 JP 335, DC (Lord Goddard CJ, Birkett and Streatfeild JJ)

  CRIME — Criminal law — Controlled prices
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  Case index catchwords

  CRIME — Criminal law — Controlled prices — Sales by manufacturers of clothing goods at prices in excess of maximum prices fixed by statutory direction — Provision by statutory regulation for imposing minimum penalty — Minimum penalty such amount as will secure that offender derives no benefit from offence — Whether in ascertaining minimum penalty taxes charged on excess amount derived from illegal sales may be deducted — Defence (General) Regulations, 1939 (St. R. & O. 1939, No. 927), reg. 55AB — The Apparel and Textiles Order, 1942 (St. R. & O. 1942, No. 1000), art. 1 — The Utility Apparel (Infants' and Girls' Wear) (Consolidation) Directions 1945 (St. R. & O. 1945, No. 1092), para. 3 (2).

  3 Statutory Instruments considered
• Franklin v The Gramophone Co Ltd

  04 Feb 1948 [1948] 1 KB 542; [1948] 1 All ER 353; 64 TLR 186; (1948) 92 SJ 124, CA (Scott, Somervell and Evershed LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 1956. Subsequent citations: 4.
  FACTORY — Factory acts — Regulations made under Acts
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  Case index catchwords

  FACTORY — Factory acts — Regulations made under Acts — Dry grinder producing dust — Inhalation of dust by workman — Contraction of pneumoconiosis and tuberculosis — Death — Regulation providing for prevention of inhalation of dust — Regulation exempting occupier of factory from liability — Supersession of section of Act by regulation — Common law duty of care for health of workmen — Liability of factory occupier at common law though requirements of regulation complied with — Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), ss. 74, 79, 82 — Factories Act, 1937 (1 Edw. 8 and 1 Geo. 6, c. 67), s. 47, sub-s. 1 – s. 60, s. 159, sub-s. 1 — The Grinding of Metal (Miscellaneous Industries) Regulations, 1925 (St. R. & O. 1925, No. 904), exception IV., reg. 1.

  2 Statutes considered

  1 Statutory Instrument considered

• Beckett v Nurse

  19 Dec 1947 [1948] 1 KB 535; [1948] 1 All ER 81; 64 TLR 95; (1948) 92 SJ 54, CA (Lord Goddard CJ, Tucker LJ and Jenkins J)

  Subsequent citations: 2.
  CONTRACT — Sale of land — Specific performance
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  Case index catchwords

  CONTRACT — Sale of land — Specific performance — Action based on receipt — Whether written agreement — Oral agreement — Evidence to invalidate receipt as note or memorandum — Admissibility.

• R v Fitzpatrick

  19 Apr 1948 [1948] 2 KB 203, CCA (Lord Goddard CJ, Humphreys and Pritchard JJ)

  CRIME — Criminal law — Customs and excise offences
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  Case index catchwords

  CRIME — Criminal law — Customs and excise offences — Dealing in Swiss watches — Prohibited goods — Uncustomed goods — Goods on which purchase tax had not been paid — Burden of proof on defendant to show legal dealing — Contention on behalf of defendant that burden of proof only shifted to defendant if goods seized — Contention unsustainable — Customs Consolidation Act, 1876 (39 & 40 Vict., c. 36), ss. 186, 259.

  1 Statute considered
• Wright v Bennett

  09 May 1947 [1947] KB 828; [1947] 2 All ER 61; (1947) 63 TLR 328, KBD (Denning J)

  12 Feb 1948 [1948] 1 KB 601; [1948] 1 All ER 410, CA (Scott, Somervell and Asquith LJJ)

  Subsequent considerations : 2 positive; 1 negative; most recently considered: 2009. Subsequent citations: 17.
  COSTS — Taxation — Review

  COSTS — Counsel with noting brief at trial — Junior brief in Court of Appeal
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  Case index catchwords

  COSTS — Taxation — Review — Refresher fees to counsel — Time occupied by mid-day adjournment — Exclusion — Counsel with noting brief at trial — Given junior brief in Court of Appeal — Cost of documents supplied to him — R.S.C. Or. 36, r. 40, Or. 65, r. 27, sub-r. 48.

  COSTS — Counsel with noting brief at trial — Junior brief in Court of Appeal — Costs of documents supplied to him at trial — Costs of appeal — Shorthand writer appointed — Noting counsel not redundant — Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), s. 50 (1.) — R. S. C. Or. 65, r. 1.

  1 Case considered

  1 Statute considered

  2 Statutory Instruments considered
• Reading v Attorney-General

  10 May 1948 [1948] 2 KB 268; [1948] 2 All ER 27; (1948) 92 SJ 426; (1948) 92 SJ 426, KBD (Denning J)

  19 May 1949 [1949] 2 KB 232; [1949] 2 All ER 68, CA (Tucker, Asquith and Singleton LJJ)

  01 Mar 1951 [1951] AC 507; [1951] 1 All ER 617; (1951) 95 SJ 155, HL (Viscount Jowitt LC, Lord Porter, Lord Normand, Lord Oaksey, Lord Radcliffe)

  Subsequent considerations : 2 positive; 2 neutral; most recently considered: 2025. Subsequent citations: 41.
  MASTER AND SERVANT — Servant of the Crown — Military law

  PETITION OF RIGHT — Claim by British ex-soldier to money taken from him by Military authorities in Egypt — Money acquired by soldier in consideration of his presence in uniform on civilian lorry loaded with illicit cargo
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  Case index catchwords

  MASTER AND SERVANT — Servant of the Crown — Military law — Uniformed soldier — Presence on civilian lorry with illicit cargo — Money reward — Confiscation by military authorities — Court-martial conviction — Conduct prejudicial to good order and military discipline — Claim to recover money — Petition of right — Relation of Crown to soldier.

  PETITION OF RIGHT — Claim by British ex-soldier to money taken from him by Military authorities in Egypt — Money acquired by soldier in consideration of his presence in uniform on civilian lorry loaded with illicit cargo — Relation of Crown to soldier — Whether same as that of master and servant — Money acquired solely by use of uniform and military position — Title of Crown to money.