Part Payment in UK Law

  • Steadman v Steadman
    • House of Lords
    • 19 Junio 1974
    ... ... (2) This section … does not affect the law relating to part performance …" ... 6 The husband relied on ... And it is clear that the payment of £100 to the wife as ordered by the Magistrates' Court was, taking the ... ...
  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Noviembre 2015
    ... ... Judgment was entered on the bond, but execution was stayed upon payment of the assessed damages. The Administration of Justice Act 1705 (4 & 5 ... under the contract a secondary obligation shall arise on the part of the party in breach to pay to the other party a sum of money which does ... ...
  • Gissing v Gissing
    • House of Lords
    • 07 Julio 1970
    ... ... Justice Buckley, of the 12th day of June 1968, thereby in part Discharged, be, and the same is hereby, Restored : And it is further ... in a wife and cases where there is joint ownership: there may be a payment which gives rise to a resulting implied or constructive trust: there may ... ...
  • Alan (W. J.) & Company Ltd v El Nasr Export and Import Company
    • Court of Appeal (Civil Division)
    • 03 Febrero 1972
    ... ... 11 Payment: By confirmed, irrevocable letter of credit to be opened at sight ... 37 "Part payment of balance due - Contract No. 3447 of 13/7/67". The sellers handed ... ...
  • Stockloser v Johnson
    • Court of Appeal
    • 12 Febrero 1954
    ... ... the quarry, to use his plant and machinery in consideration of the payment of royalties for the period of his lease and for the further period of the ... neither shall he sell charge or otherwise dispose of the same or any part thereof nor of the benefit of this agreement" ... 6 A little later the ... ...
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 Junio 1942
    ... ... If, as the result of the decision of the House, any payment becomes due to the Appellants, and if they were in the position of alien ... with the Enemy Act, 1939, it was declared that Poland (including that part in which the port of Gdynia is situated) was enemy territory ... ...
  • Miliangos v George Frank (Textiles) Ltd
    • House of Lords
    • 05 Noviembre 1975
    ... ... Her Majesty's Court of Appeal, of the 10th day of February 1975, in part complained of in the said Appeal, be, and the same is hereby, Affirmed, ... law of this contract was Swiss law and the money of account and of payment was Swiss francs. The respondent, the seller, is a national of Switzerland ... ...
  • Black-Clawson International Ltd v Papierwerke Waldhof-Aschaffenburg A.G.
    • House of Lords
    • 05 Marzo 1975
    ... ... Clearly its principal purpose—dealt with in Part I —was to facilitate the enforcement here of rights given by foreign ... The price to be paid was £1,210,162. As part payment of the purchase price the Respondents accepted 20 Bills of Exchange drawn ... ...
  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 Febrero 1998
    ... ... the short term refinancing by the appellant ("BFC"), a Swiss bank, of part of an existing bank loan made available by Royal Trust Bank (Switzerland) ... attention to the fact that it is customary for the assured, on payment of the loss, to provide the insurer with a letter of subrogation, being no ... ...
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ... ... One form of interest rate swap involves what is called an upfront payment, i.e. a capital sum paid by one party to the other, which will be balanced ... nor even to identify the role of equitable proprietary claims in that part of the law. The judicial process is neither designed for, nor properly ... ...
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