Results.
7 judgments found.
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| April 1985 |
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An unqualified person giving an injection is not automatically culpably negligent for manslaughter without evidence of breach of duty.
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Criminal law — Medical treatment by unqualified person — Injection — Tetanus — Culpable negligence — Section 213 Penal Code — Causation — Manslaughter
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22 April 1985 |
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Court held it may stay proceedings in voluntary liquidation and that mistaken overpayments create a constructive trust priority.
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Companies Act ss.141 & 189 — court's power to stay proceedings in voluntary liquidation; Mistaken payments — constructive trust; equitable proprietary priority over unsecured creditors; action for money had and received unnecessary.
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19 April 1985 |
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Court may stay proceedings in voluntary liquidation; mistaken overpayment can create an equitable proprietary right but the present action was stayed.
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Company law — Winding up — Voluntary liquidation — Court’s power to stay proceedings under ss.141 and 189 — Mistaken payment — Equitable proprietary right/constructive trust — Action for money had and received and creditor priority
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18 April 1985 |
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A vesting clause provides security for contract performance and does not convert employer into beneficial owner entitled to insurance proceeds.
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Contract — Building contract — Vesting clause — Insurance policy in joint names — Insurance proceeds as security for performance, not conferring beneficial ownership; applied: Re Winter, Ex parte Bolland
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18 April 1985 |
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A clerk may validly sign process for a qualified practitioner under section 54; wrong-organ institution can be cured by ratification.
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Civil procedure — Legal Practitioners Act ss.42, 44, 54 — validity of process signed by clerks; Law Association Act ss.11, 13(7)(c) — proper organ to institute s.69 proceedings; ratification of procedural irregularity; conditional stay and continuation of injunction.
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4 April 1985 |
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Whether a clerk may sign process on behalf of a practitioner and whether proceedings under s.69 must be instituted by the Practitioners' Committee.
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Civil procedure; Legal Practitioners' Act ss.42, 44, 54 and s.69; validity of process signed by unqualified clerks; corporate authority of Law Association — powers of Legal Practitioners' Committee; curable procedural irregularity by ratification
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3 April 1985 |
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Court affirms amendment power at no-case stage, narrows confessions/interrogation admissibility, and clarifies accomplice corroboration rules.
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Criminal law — Treason: overt acts, duplicity, uncertainty, amendments at no-case stage, minor-offence substitution, accomplice evidence and immunity bargains, Judges' Rules and admissibility of confessions, interrogation notes, documentary evidence and corroboration
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1 April 1985 |