Shoe Machinery Company v Cutlan
| Jurisdiction | England & Wales |
| Date | 1896 |
| Year | 1896 |
| Court | Court of Appeal |
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22 cases
- Bumiputra-Commerce Bank Bhd v Bumi Warna Indah Sdn Bhd
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Hormel Foods Corporation v Antilles Landscape Investments NV
...event, this reasoning would not have applied to successive petitions to revoke a patent. 41 In Shoe Machinery Co Ltd v Cutlan (No 2) (1896) 13 RPC 141, the plaintiff had previously sued the defendants for infringement of a patent. The defendants had alleged that the patent was invalid on va......
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Special Effects Ltd v L'Oréal SA
...on behalf of the public: see Re Deeley's Patent [1895] 1 Ch 687 and the comments on that case in Shoe Machinery Company v Cutlan [1896] 1 Ch 108 at 113–4. Thus the petitioner could have been said to be suing in a different capacity from its position in ordinary civil proceedings. In success......
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Angela Juanita Springer v All Seasons Resort-Europa
...LJ referred to a passage in the judgment of Bowen LJ in Cropper v. Smith (1884) 26 Ch D 700 at 710-711 with which Bowen LJ in Shoe Machinery Co. v. Cutlan [1896] 1 Ch 108 at 112 agreed. He also referred to Clarapede & Co. v. Commercial Union Association (1883) 32 WR 262 at 263 where Brett ......
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4 books & journal articles
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Preliminary Sections
...343. 69 Serjeant v. Dale (1877) 7 Q.B.D. 558 at 567 500 Shenton v. Smith (1895) A.C. 229, 234 - 236. 623 Shoe Machinery Co. v. Cutlan (1896) 1 Ch 108, at p.112 244 Shomade & Ancr v.Ogunbiyi & Ors 3 W.A.C.A 48 341 Sly v. Sly & Dredge (1876-1877) 2 P.D. 91, 92- 93. 611 Soap v. Ashwell (1893) ......
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Courts 2
...if it can be done without injustice to the other party. (See Cropper v. Smith (1884) 26 Ch.D. 700, 710; Shoe Machinery Co. v. Cutlan (1896) 1 Ch. 108, 112l; Beck & Ors. v. Value Capital Ltd. & Ors . (No. 2) (1975) 1 W.L.R. 6. (1976) 2 All E.R. 102; and Amadi v. Thomas Aplin & Co. Ltd. (1972......
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Preliminary Sections
...3 Macfisheries (Wholesale & Retails Ltd. v. Coventry Corporation & Anor. (1987) 142 All E R 302 6 Machinery Co. v. Cutlan (1896) 1 Ch. 108 Mackam v. The State (1959) S.C.N.L.R. 428. ....................................................... 591 Madagwa v. The State (1988) 5 N.W.L.R. (pt.92) 60......
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RULES FOR GRANTING AMENDMENT OF PLEADINGS
...in the case is a matter of right". Smith L.J. expressed his emphatic agreement with these observations in Shoe Machinery Co. v. Cutlan (1896) 1 Ch. 108 at p. 112. Adverting to the present application, it cannot be disputed that the application by the plaintiffs to substitute the figures "19......