Earlier reported cases judgments, 1954

9 judgments, newest first. Open any case for its summary, the legal points it decides and how later courts have treated it.

Date Case Cited by
1 Dec 1954
[1955] AC 431
When a parent purchases or subscribes for shares and registers them in a child’s name, equity presumes an advancement rather than a resulting trust. The…
7
25 Nov 1954
[1954] 1 WLR 1489
An appellate court may receive fresh evidence, or order a new trial on that ground, only where three conditions are met. The evidence could not have been…
574
29 Oct 1954
[1955] 1 QB 158
An exclusion clause protecting a carrier does not, without clear words or necessary implication, protect the carrier’s servants from personal liability in…
6
26 Jul 1954
[1955] Ch 20
A trust is valid only if the Court can control and execute it. A discretionary trust of income is void where trustees must select recipients from a class that…
3
3 Jun 1954
[1954] 2 QB 182
An unusual stranding of a vessel in ordinary conditions may provide prima facie evidence of negligence where the vessel was under the defendants’ management…
5
7 May 1954
[1954] 1 WLR 835
In negligence, reasonable care is assessed by balancing the risk, the precautions required to remove it, and the importance of the objective served. The…
4
25 Mar 1954
[1954] AC 429
A court administering a trust has no general inherent jurisdiction to alter its beneficial trusts merely because all adult beneficiaries consent and the…
10
10 Mar 1954
[1954] 1 WLR 615
An affirmation made during negotiations is a warranty only where the evidence establishes an intention to assume contractual responsibility. Otherwise it is an…
25 Jan 1954
[1954] 1 WLR 303
Where parties agree upon the essential subject matter of a transaction, but their formal deed mistakenly expresses a materially different transaction, Scots…