Liverpool Corporation v Hope

JurisdictionEngland & Wales
Date1938
CourtCourt of Appeal
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12 cases
  • Re Willment (John) (Ashford) Ltd
    • United Kingdom
    • Chancery Division
    • 19 December 1978
    ...person entitled to the property subject to the debenture, with having made an improper payment: see Liverpool Corporation v. Hope UNK[1938] 1 All E.R. 492. This section does not give the taxing authority a right to sue. As I have indicated, the first question in the summons seeks guidance a......
  • Smith (A Bankrupt), Re, ex parte Braintree District Council
    • United Kingdom
    • House of Lords
    • 30 November 1989
    ...for rates, but not after he has been imprisoned in default of a sufficiency of distress …" 9Rates cannot be recovered by action ( Liverpool Corporation v. Hope [1938] 1 K.B. 751) but only by way of the procedure set out in Part VI of the Act of 10On 17 February 1987 the magistrates' court ......
  • R v Manchester City Magistrates' Court, ex parte Davies
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 1988
    ...code for the recovery of unpaid rates. No action lies at the suit of a rating authority outside the provisions of the statute: Liverpool Corporation v. Hope [1938] 1 K.B. 751. The prime provision is section 96(1) which reads:- "Subject to section 62 of this Act and to subsection (2) of this......
  • Potts v Hickman
    • United Kingdom
    • House of Lords
    • 9 December 1940
    ...Scott and Clauson, L.J J.) that a local authority cannot sue a ratepayer either for money due or for breach of a statutory duty ( Liverpool Corporation v. Hope, 1938, 1 K.B. 751). A rate, it was held, is not a common law liability, but a mere creature of statute, and the only remedy is the......
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1 books & journal articles
  • The barbados companies act, cap. 308 and receivers' duties
    • Caribbean Community
    • Caribbean Law Review No. 6-1, June 1996
    • 1 June 1996
    ...Leicester Permanent Building Society v. Butt [1943] Ch. 308; Youvell v. Hibernia Bank Ltd.; [1918] A.C. 372, Liverpool Corpn v. Hope [1938] 1 K.B. 751; Re Kentish Homes ltd. (1993) B.C.C. 212, 220-221. as one appointed to realise a floating charge. A receiver appointed to realise a floating......

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