Chancery Division in UK Law

Leading Cases
  • Chapman and Others v Chapman and Others
    • House of Lords
    • 25 Mar 1954

    So, too, the Court had power in the administration of trust property to direct that by way of salvage some transaction unauthorised by the trust instrument should be carried out. Nothing is more significant than the repeated assertions by the Court that mere expediency was not enough to found the jurisdiction.

  • Wallersteiner v Moir
    • Court of Appeal (Civil Division)
    • 21 May 1974

    If declarations ought not to be made on admissions or by consent, a fortiori they should not be made in default of defence, and a fortissimo, if I may be allowed the expression, not where the declaration is that the defendant in default of defence has acted fraudulently.

  • Re Sevenoaks Stationers (Retail) Ltd
    • Court of Appeal (Civil Division)
    • 31 Jul 1990

    Such statements may be helpful in identifying particular circumstances in which a person would clearly be unfit. to treat the statements as judicial paraphrases of the words of the statute which fall to be construed as a matter of law in lieu of the words of the statute. The result is to obscure that the true question to be tried is a question of fact—what used to be perjoratively described in the Chancery Division as "a jury question".

  • Autologic Holdings Plc and Others v Commissioners of Inland Revenue; Test Claimants in Loss Relief Group Litigation v Commissioners of Inland Revenue
    • House of Lords
    • 28 Jul 2005

    They should be stayed until further order rather than struck out the more readily to accommodate any unforeseen turn of events. And the stay should not preclude the court referring questions to the European Court if practical convenience so dictates. The cases in the second class ('claimant companies which cannot now obtain group relief') should proceed in the High Court.

  • Jonesco v Beard
    • House of Lords
    • 13 Feb 1930

    It has long been the settled practice of the Court that the proper method of impeaching a completed judgment on the ground of fraud is by action in which, as in any other action based on fraud, the particulars of the fraud must be exactly given and the allegation established by the strict proof such a charge requires.

  • Bhamjee v Forsdick and Others
    • Court of Appeal (Civil Division)
    • 25 Jul 2003

    We do not include the word "habitual" among the necessary criteria for an extended civil restraint order, but there has to be an element of persistence in the irrational refusal to take "no" for an answer before an order of this type can be made.

  • Oliver Alfred Sidney Cutts (Appellant (Plaintiff) v Albert Head and Another (Respondents
    • Court of Appeal (Civil Division)
    • 07 Dic 1983

    It is that parties should be encouraged so far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations (and that includes, of course, as much the failure to reply to an offer as an actual reply) may be used to their prejudice in the course of the proceedings.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • Chancery Division (England And Wales High Court):- Arbitration Mandate: Intention Trumps Uncertainty
    • Mondaq UK
  • Arbitration clause not void for vagueness (UK)
    • LexBlog United Kingdom
    The UK Chancery Division held that an arbitration clause, which could be invoked over a dispute whether there had been ‘any major physical or financial change in circumstances affecting the operati...
    ...The UK Chancery Division held that an arbitration clause, which could be invoked over a ......
  • Scope of arbitration clause (UK)
    • LexBlog United Kingdom
    The UK Chancery Division held that an arbitration clause relating to any dispute regarding a contractual undertaking to renegotiate port licensing conditions in the event of ‘any major physical or ...
    ...The UK Chancery Division held that an arbitration clause relating to any dispute regarding ......
  • A Reminder About Careful Drafting of Confidentiality Clauses
    • JD Supra United Kingdom
    The recent decision by the High Court of England and Wales (Chancery Division) in Richmond Pharmacology Limited (Company) v. Chester Overseas Limited, et al. underscores the need to carefully draft...
    .... . The recent decision by the High Court of England and Wales (Chancery Division) in Richmond Pharmacology Limited (Company) v. Chester Overseas ......
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