Joseph v Joseph

JurisdictionEngland & Wales
JudgeLORD JUSTICE RUSSELL,THE MASTER OF THE ROLLS
Judgment Date22 July 1966
Judgment citation (vLex)[1966] EWCA Civ J0722-4
CourtCourt of Appeal
Date22 July 1966
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22 cases
  • Siemens Hearing Instruments Ltd v Friends Life Ltd
    • United Kingdom
    • Chancery Division
    • 12 July 2013
    ...conditions. (8) Section 38 rendered void any provision which purported to preclude an application under the Act, and it was held in Joseph v. Joseph [1967] 1 Ch. 79 that this applied to any provision which had the effect of preventing such an application. (9) Therefore, if the law was not a......
  • Jones v Wrotham Park Settled Estates
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 January 1978
    ...to such an agreement, and he sought to support this argument by a passage from the judgment of Lord Justice Diplock (as he then was) in Joseph v. Joseph, 167 1 Chancery, p 78, a case involving section 38(1) of the Landlord and Tenant Act. 1954, much of the language of which has been adopted......
  • Allnatt London Properties Ltd v Newton
    • United Kingdom
    • Court of Appeal (Civil Division)
    • Invalid date
  • Meretz Investments NV v ACP Ltd
    • United Kingdom
    • Chancery Division
    • 11 December 2007
    ...to surrender by a business tenant is, indeed, invalidated by section 38 (1) unless authorised by the court under section 38 (4): Joseph v. Joseph [1967] Ch 78. (I ignore recent changes made to the Act). However, this argument fails for a number of reasons: i) When created, clause 12.4 was n......
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