Distribution in UK Law

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Leading Cases
  • Sportswear SpA v Four Marketing Ltd
    • Court of Appeal (Civil Division)
    • 11 April 2006

    I do not decide that the Defendant's position on either of these points is necessarily right as a matter of law, even if the necessary facts can be established. But it does seem to me that the points are sufficiently arguable for it to be wrong to strike these paragraphs out of the Defence.

  • Pelkey Bicknell v Foxtons Ltd
    • Court of Appeal (Civil Division)
    • 23 April 2008

    However, while such a term will relatively readily be implied into an estate agency contract, it was made clear by Viscount Simon in Luxor (Eastbourne) v Cooper [1941] AC 108 at 119 that, where there is an argument whether or not such a term is to be implied, the issue should be resolved by reference to the normal rules relating to implication of terms.

    First, the term identified in Article 57 of Bowstead is “very readily” implied, especially in a residential consumer context, unless the provisions of the particular contract or the facts of the particular case negative it (see per Woolf LJ in Brian Cooper at 19H-J and per Longmore LJ in County Homesearch at para 11). Sixthly, where the term is implied, the burden is on the agent seeking the commission to establish that he was the effective cause (see per Staughton LJ in Chasen Ryder at 28G).

    It seems to me that there are two possible readings of the expression “a purchaser” in the phrase “a purchaser introduced by us”. The first, which is favoured by Foxtons and was adopted by the Judge, is that the expression means “a person who at some time in the future becomes a purchaser”. The alternative reading, advanced on behalf of Mrs Bicknell, is that the expression means “a person who becomes a purchaser as a result of our introduction”.

  • R (Al-Skeini) v Secretary of State for Defence
    • House of Lords
    • 13 June 2007

    I would respectfully suggest that last sentence could as well have ended: "no less, but certainly no more." There seems to me, indeed, a greater danger in the national court construing the Convention too generously in favour of an applicant than in construing it too narrowly.

  • Secret Hotels2 Ltd (Formerly Med Hotels Ltd) v The Commissioners for HM Revenue and Customs
    • Supreme Court
    • 05 March 2014

    When interpreting an agreement, the court must have regard to the words used, to the provisions of the agreement as whole, to the surrounding circumstances in so far as they were known to both parties, and to commercial common sense. When deciding on the categorisation of a relationship governed by a written agreement, the label or labels which the parties have used to describe their relationship cannot be conclusive, and may often be of little weight.

  • Kenneth Allison Ltd and Others v A E Limehouse & Company
    • House of Lords
    • 17 October 1991

    Like my noble and learned friend, Lord Bridge of Harwich, I am satisfied that Mr. Vallance's first submission must fail. Prima facie, the process server must hand the relevant document to the person upon whom it has to be served. The only concession to practicality is that, if that person will not accept the document, the process server may tell him what the document contains and leave it with him or near him (see Ord. 65, r. 2 and the notes to that rule in the Supreme Court Practice).

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Books & Journal Articles
    • No. 23-3, March 1967
    • Journal of Documentation
    • 197-207
    The distribution of references in a collection of pertinent source documents can be described and predicted by the relation where the parameter ß is related to the subject field and the completenes...
  • Testing Convergence in Income Distribution*
    • No. 71-2, April 2009
    • Oxford Bulletin of Economics and Statistics
    The generalized method of moments (GMM) estimator is often used to test for convergence in income distribution in a dynamic panel set‐up. We argue that though consistent, the GMM estimator utilizes...
  • Human resource assignment system for distribution centers
    • No. 102-2, March 2002
    • Industrial Management & Data Systems
    • 64-72
    Information technology and its wide range of applications have begun to make their presence in a new generation of logistic and distribution service industry. A more flexible breed of application p...
  • Electronic journal distribution: a prototype study
    • No. 13-4, April 1995
    • The Electronic Library
    • 313-316
    This paper discusses issues relating to the electronic distribution of journals, in the context of the Electronic Library Project of the Institute for Scientific Information (ISI). The aim of the P...
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Law Firm Commentaries
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  • Order for distribution of a Lloyd's Estate
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
  • Order stating the result of proceedings on the usual accounts and inquiries in an administration claim
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... AND IT IS ORDERED that ... [The order will direct the distribution of the estate, having regard to the above findings, unless this was adjourned to be dealt with on further consideration] ... 8.  This order ... ...
  • Order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... High Court Judge level ... Set out the applicable ... paragraphs of the schedule to ... the President’s Guidance on the ... distribution of business ... Part 2 (To be completed by the Court) ... Allocation decision in ... accordance with the Allocation ... Rules and the President’s ... ...
  • Financial statement for a financial order (Matrimonial Causes Act 1973 / Civil Partnership Act 2004) / for financial relief after an overseas divorce etc
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... of sharing in it, or may have the effect of reducing the assets available for distribution ... between you ... Schedule of documents to accompany Form E ... Now that you have completed Form E please make sure that copies of the items ... ...
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