Results: 44

• Silhouette International Schmied GmbH & Co KG v Hartlauer Handelsgesellschaft mbH

  16 Jul 1998 (Case C-355/96); [1999] Ch 77; [1998] 3 WLR 1218; EU:C:1998:374, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 35.
  TRADE MARK — Proprietor’s rights — Exhaustion

  EUROPEAN UNION — Directive 89/104/EEC — Exhaustion of trade mark
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  Case index catchwords

  TRADE MARK — Proprietor’s rights — Exhaustion — Goods marketed outside European Economic Area and re-imported into Community country — Action for injunction on sale in Community under proprietor's mark — National legislation providing for international exhaustion of proprietor's rights — Whether precluded by Community Directive — Whether injunction obtainable under provision of Directive — Council Directive (89/104/EEC) (as amended by Agreement on European Economic Area), art 7(1)

  EUROPEAN UNION — Directive 89/104/EEC — Exhaustion of trade mark — Goods put on the marketin the Community or in a non-member country

  1 EU Enactment considered

• Hillingdon London Borough Council v ARC Ltd

  12 Jun 1997 [1998] 1 WLR 174; [1997] 3 All ER 506; 96 LGR 131, Ch D

  07 Apr 1998 [1999] Ch 139; [1998] 3 WLR 754; [1999] LGR 282, CA

  Subsequent citations: 20.
  COMPULSORY PURCHASE — Compensation — Limitation of action
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  Case index catchwords

  COMPULSORY PURCHASE — Compensation — Limitation of action — Accrual of cause of action — Claim made more than six years after acquiring authority's entry on land — Whether “action to recover … sum recoverable by virtue of … enactment” — Whether cause of action accruing before compensation quantified — Compulsory Purchase Act 1965, s 11 — Limitation Act 1980, s 9(1)

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• In re B, decd

  22 Jan 1999 [1999] Ch 206; [1999] 2 WLR 1114; [1999] 2 All ER 425; [1999] 2 FLR 466, Ch D (Jonathan Parker J)

  17 Dec 1999 [2000] Ch 662; [2000] 2 WLR 929; [2000] 1 All ER 665; [2000] 1 FLR 363, CA

  Subsequent citations: 6.
  FAMILY PROVISION — Dependant — Maintained by deceased
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  Case index catchwords

  FAMILY PROVISION — Dependant — Maintained by deceased — Deceased cared for by mother in jointly owned home — Deceased's share in home purchased from damages under control of Court of Protection — Whether deceased contributing towards “reasonable needs” of mother — Whether assumption of responsibility by deceased for mother — Whether mother dependant — Inheritance (Provision for Family and Dependants) Act 1975, ss 1(1)(e)(3), 3(4) — Mental Health Act 1983, s 95(1)(2)

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Ferrishurst Ltd v Wallcite Ltd (Wallcite Ltd v Ferrishurst Ltd)

  30 Nov 1998 [1999] Ch 355; [1999] 2 WLR 667; [1999] 1 All ER 977, CA

  Subsequent citations: 9.
  LAND REGISTRATION — Overriding interest — “Actual occupation”
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  Case index catchwords

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Part occupation of building forming part of registered title — Occupier having unregistered option to purchase underlease of whole building — Whether entitled to assert overriding interest over whole building as against registered proprietor — Land Registration Act 1925, s 70(1)(g)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Rainbow Estates Ltd v Tokenhold Ltd

  04 Mar 1998 [1999] Ch 64; [1998] 3 WLR 980; [1998] 2 All ER 860, Ch D

  Subsequent citations: 6.
  LANDLORD AND TENANT — Repairs — Tenant's breach of covenant
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  Case index catchwords

  LANDLORD AND TENANT — Repairs — Tenant's breach of covenant — Condition of property deteriorating — No provision in lease for landlord to enter and carry out repairs or for forfeiture or re-entry — Whether jurisdiction to order specific performance of tenant's repairing covenant — Whether order to be granted

  3 Case(s) considered
• Hurst v Bryk

  04 Feb 1997 [1999] Ch 1; [1998] 2 WLR 269; [1997] 2 All ER 283, CA

  30 Mar 2000 [2002] 1 AC 185; [2000] 2 WLR 740; [2000] 2 All ER 193, HL(E)

  Subsequent considerations : 3 positive. Subsequent citations: 40.
  PARTNERSHIP — Dissolution — Effect
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  Case index catchwords

  PARTNERSHIP — Dissolution — Effect — Agreement signed by partners prematurely dissolving partnership without consent of one partner — Partner treating agreement as repudiatory breach of partnership deed and accepting repudiation — Whether partner discharged from obligations under partnership deed — Whether partner obliged to contribute towards partnership liabilities — Partnership Act 1890, s 44

  3 Case(s) considered

  1 Statute considered
• In re Duckwari Plc

  11 Jul 1996 [1997] Ch 201; [1997] 2 WLR 48, Ch D

  08 May 1998 [1999] Ch 253; [1998] 3 WLR 913, CA

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 35.
  COMPANY — Director — Property transactions
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  Case index catchwords

  COMPANY — Director — Property transactions — Property acquired from company owned by director when market buoyant — Transaction not approved by company in general meeting — Subsequent collapse in property market — What loss recoverable — Whether compensation for loss of value subsequent to transaction recoverable — Whether defence of acting honestly and reasonably available to director — Companies Act 1985, ss 320, 322(3)(b), 727

  1 Case considered

  1 Statute considered
• City and County of Swansea v Johnson

  23 Nov 1998 [1999] Ch 189; [1999] 2 WLR 683; [1999] 1 All ER 863, Ch D

  Subsequent considerations : 1 negative; most recently considered: 2023. Subsequent citations: 7.
  TRUSTS — Pension scheme — Maladministration
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  Case index catchwords

  TRUSTS — Pension scheme — Maladministration — Local authority scheme for industrial injury allowances — Whether “occupational pension scheme” — Whether Pensions Ombudsman having jurisdiction to hear complaint — Pension Schemes Act 1993, s 1 — Local Government Superannuation Regulations 1986, reg L3

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• Carr-Glynn v Frearsons

  [1997] 2 All ER 614

  29 Jul 1998 [1999] Ch 326; [1999] 2 WLR 1046; [1998] 4 All ER 225; [1999] 1 FLR 8, CA

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 15.
  SOLICITOR — Negligence — Intended beneficiaries under will
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  Case index catchwords

  SOLICITOR — Negligence — Intended beneficiaries under will — Solicitor instructed to prepare will — Gift of interest in property held by testatrix on joint tenancy — Solicitor failing to advise testatrix to sever joint tenancy — Property passing by survivorship to other joint tenant on testatrix's death — Gift to intended beneficiary rendered ineffective — Whether solicitor liable to beneficiary

  5 Case(s) considered

• Lowson v Coombes

  26 Nov 1998 [1999] Ch 373; [1999] 2 WLR 720; [1999] 1 FLR 799, CA

  Subsequent citations: 4.
  EQUITY — Equitable interest — Illegality
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  Case index catchwords

  EQUITY — Equitable interest — Illegality — House jointly purchased by man and mistress — Conveyed into her sole name to avoid potential claim by man's wife — Whether purpose of conveyance into mistress's sole name illegal — Whether man entitled to declaration of beneficial interest in property — Matrimonial Causes Act 1973, s 37(2)(b)

  2 Case(s) considered

  1 Statute considered