Results: 45

• Inland Revenue Comrs v Montgomery

  10 Dec 1974 [1975] Ch 266; [1975] 2 WLR 326; [1975] 1 All ER 664; 49 TC 679, Ch D

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 10.
  REVENUE — Capital Gains Tax — Disposal of assets
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  Case index catchwords

  REVENUE — Capital Gains Tax — Disposal of assets — Insurance compensation on damaged property — Assignment of rights under insurance policies in consideration for capital sum — Whether capital sum “derived” from disposal of assets held by assignor — Whether transaction exempted from charging provisions — Finance Act 1965, ss 19 (1) (3), 22 (3), Sch 7, para 10 (as amended by Finance Act 1966, s 43, Sch 10, para 11)

  1 Words & Phrases considered

  1 Statute considered
• National Enterprises Ltd v Racal Communications Ltd (Racal Communications Ltd v National Enterprises Ltd)

  19 Nov 1973 [1974] Ch 251; [1974] 2 WLR 733; [1974] 1 All ER 1118; [1974] 2 Lloyd's Rep 21, Ch D

  17 Oct 1974 [1975] Ch 397; [1975] 2 WLR 222; [1974] 3 All ER 1010; [1975] 1 Lloyd's Rep 225, CA

  Subsequent considerations : 2 positive. Subsequent citations: 15.
  ARBITRATION — Arbitrator — Power of High Court to appoint

  JUDICIAL PRECEDENT — Ratio decidendi — Whether binding
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  Case index catchwords

  ARBITRATION — Arbitrator — Power of High Court to appoint — Agreement providing for appointment by third person — Refusal by third person to appoint — Court's jurisdiction — Arbitration Act 1950, s 10 (a)

  JUDICIAL PRECEDENT — Ratio decidendi — Whether binding — Assumption of point implicit in order — Point not referred to by counsel or court — Whether binding

  3 Case(s) considered

  1 Statute considered

• In re Crispin’s Will Trusts (Arkwright v Thurley)

  25 Jul 1974 [1973] 2 All ER 141, Ch D (Burgess V-C)

  25 Jul 1974 [1975] Ch 245; [1974] 3 WLR 657; [1974] 3 All ER 772, CA (Russell, Stamp and James L.JJ.)

  WILL — Construction — “Personal chattels”
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  Case index catchwords

  WILL — Construction — “Personal chattels” — Collection of clocks inherited by testator — Collection maintained by testator but not added to — Clocks kept in locked rooms and not in working order — Whether collection included in “personal chattels” — Administration of Estates Act 1925, s 55 (1) (x)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Grant v Southwestern and County Properties Ltd

  21 Feb 1974 [1975] Ch 185; [1974] 3 WLR 221; [1974] 2 All ER 465, Ch D

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 17.
  PRACTICE — Discovery — Tape recording
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  Case index catchwords

  PRACTICE — Discovery — Tape recording — Particulars of conversation recorded — Notice to produce tape recording — Whether tape “document” — Whether privileged — Whether reference to recording sufficient reference to tape — RSC, Ord 24, r 10 (1) (2)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered
• Riverlate Properties Ltd v Paul

  08 Apr 1974 [1975] Ch 133; [1974] 3 WLR 564; [1974] 2 All ER 656, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 12.
  CONTRACT — Mistake — Unilateral mistake
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  Case index catchwords

  CONTRACT — Mistake — Unilateral mistake — Lease of dwelling house — Exterior and structural repairs expressed to be landlord's liability — Tenant's understanding that no liability to repair — Landlord's intention to make tenant proportionately liable — Whether lessor entitled to rectification or rescission

  5 Case(s) considered
• Horsler v Zorro

  31 Oct 1974 [1975] Ch 302; [1975] 2 WLR 183; [1975] 1 All ER 584, Ch D

  Subsequent considerations : 2 negative. Subsequent citations: 9.
  DAMAGES — Sale of land — Rescission of contract
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  Case index catchwords

  DAMAGES — Sale of land — Rescission of contract — Vendor refusing to complete — Purchaser's action — Specific performance and alternatively damages for breach of contract — Amendment of writ claiming rescission and damages — Master's order reciting rescission and ordering inquiry as to damages — Meaning of “damages” in order — Rights of party rescinding contract to monetary payment

  4 Case(s) considered

• Butler v Broadhead

  15 Nov 1973 [1975] Ch 97; [1974] 3 WLR 27; [1974] 2 All ER 401, Ch D

  Subsequent citations: 4.
  COMPANY — Dissolution — Claims against contributories
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  Case index catchwords

  COMPANY — Dissolution — Claims against contributories — Purported sale by liquidator to plaintiffs of land previously sold by company — Innocent mistake — Distribution of surplus assets to contributories — Breach of covenant as to title discovered only after dissolution of company — Whether plaintiffs able to recover from contributories — Companies Act 1948, ss 259, 264 — Companies (Winding up) Rules 1949, r 106

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Hellyer v Sheriff of Yorkshire

  27 Mar 1974 [1975] Ch 16; [1974] 2 WLR 844; [1974] 2 All ER 712, CA

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  COMPANY — Winding up — Execution

  COSTS — Appeal, Court of — Jurisdiction
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  Case index catchwords

  COMPANY — Winding up — Execution — Voluntary liquidation — Money paid to avoid sale of goods seized by sheriff's officer under writ of fieri facias — Notice of meeting to pass resolution for voluntary winding up given to sheriff's officer — Whether notice “served on” sheriff — Whether execution creditor or liquidators entitled to money — Companies Act 1948, s 326 — Companies (Winding-up) Rules 1949, r 43

  COSTS — Appeal, Court of — Jurisdiction — Appeal as to costs without leave of judge — Exercise of discretion as to costs based on central point of law — Conclusion of law challenged on appeal — Whether leave essential — Supreme Court of Judicature (Consolidation) Act 1925, s 31 (1) (h)

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered
• Niellson-Jones v Fedden

  21 Jun 1974 [1975] Ch 222; [1974] 3 WLR 583; [1974] 3 All ER 38, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  JOINT INTEREST — Severance — Joint tenancy
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  Case index catchwords

  JOINT INTEREST — Severance — Joint tenancy — Matrimonial home — Divorce contemplated — Agreement that husband should sell home and buy another house for his use with proceeds — Death of husband — Sale of property — Whether agreement constituted severance of joint tenancy — Whether wife entitled to entire proceeds of sale

  4 Case(s) considered
• New Hart Builders Ltd v Brindley

  18 Dec 1974 [1975] Ch 342; [1975] 2 WLR 595; [1975] 1 All ER 1007, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 5.
  ELECTION OR OPTION — Option, exercise of — Agreement granting option to purchase property

  VENDOR AND PURCHASER — Memorandum in writing — Signature

  VENDOR AND PURCHASER — Specific performance — Part performance of oral contract
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  Case index catchwords

  ELECTION OR OPTION — Option, exercise of — Agreement granting option to purchase property — Option to be renewed annually — Whether written notice required — Notice of renewal sent by registered letter — Letter undelivered — Whether notice served — Law of Property Act 1925, s 196

  VENDOR AND PURCHASER — Memorandum in writing — Signature — Grantor of option to purchase land signing agreement — Agreement then altered — Whether signature authenticating amended contract — Whether memorandum in writing — Law of Property Act 1925, s 40

  VENDOR AND PURCHASER — Specific performance — Part performance of oral contract — Applications for and obtaining planning permission — Whether part performance — Whether doctrine of part performance applicable before exercise of option to purchase — Law of Property Act 1925, s 40

  3 Case(s) considered

  1 Statute considered