Whittam v W. J. Daniel & Company Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1961 |
| Date | 1961 |
| Year | 1961 |
| Court | Court of Appeal |
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31 cases
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Singh (Santosh Kumari) v Atombrook Ltd (trading as Sterling Travel)
...something of that kind. That is fanciful and I reject it. The matter is put beyond doubt by a further decision of this court in Whitton v. W.J. Daniel & Co. Ltd., (1962) 1 Queen's Bench 271. In that case a limited company was sued within the limitation period but without adding the word "l......
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Thew (R & T) Ltd v Reeves
...(1723) 2 Peere Williams 151. It has corrected a misnomer or misdescription by giving the right name or the right description, see Whittam v. W. Daniel & Go. Ltd. (1962) 1 Queen's Bench 171. The general principle is that, when the object and intent of a document is obvious—and known to all c......
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Dumford Trading AG v OAO Atlantrybflot
...possible to say that the inclusion of the firm on the writ was a mere misnomer for the inclusion of the limited company." 29 In Whittam v. W J Daniel & Co Ltd [1962] 1 QB 271, on very similar facts, the decision went the other way: Davies v. Elsby Brothers was distinguished for the very re......
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Liberty Mercian Ltd v Cuddy Civil Engineering Ltd (1st Defendant) Cuddy Demolition and Dismantling Ltd (2nd Defendant)
...do not allow people to take advantage of a misnomer when everyone knows what was intended. I will only refer to one authority, Whittam v. WJ Daniel & Co. Ltd., [1962] 1 QB 271at p. 277, where Lord Justice Donovan cited the words of Lord Justice Devlin: I think that the test must be: ho......
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1 books & journal articles
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MISNOMER THAT CAN VITIATE PROCEEDINGS
...349; Mitchell v. Harris Engineering Co. Ltd. (1967) 2 Q.B. 703, (1967) 2 All E.R. 682, C.A.; Whittam v. W.J. Daniel & Co. Ltd. (1962) 1 Q.B. 271, (1961) 3 All E.R. 796, C.A." - Per Sulu-Gambari, J.C.A., in A.B. Manu & Co. v. Costain (W.A.) Ltd. Suit No. CA/ L/62/92; (1994) 8 N.W.L.R......