Case Law details

[neddyw]

I am trying to find out more about Braham v Bustard (1863). I believe that Mr Bustard was a soap manufacturer from Manchester. A relative I have found whilst researching my family tree was a 'presser of fancy soaps' in Manchester on a census return. As his name was Bustard Im wondering if it was my relation. How do I find out more about this case?

[Eve]

You could also try posting in the geneaology section in History as people may be able to help trace things back that way.

[Barmaid]

All cases that are reported have a reference - the reference for this case is (1863) 1 H. & M. 447 (although I can't for the life of me remember which series of law reports this is since it is very little used set). The case was about, I think, intellectual property law and trade marks. I am fairly sure it was heard in the Chancery Division.

You could try phoning one of the Inns of Courts Libraries to see if they would possibly help you with a copy.

[Gmcd01]

For the little it's worth, I believe the reporters were the 'Hemming & Miller's Chancery Reports'; one of many legal tomes long since lost into the black hole of law. A good site for finding that, Barmaid, is one from my old undergraduate university:
http://www.legalabbrevs.cardiff.ac.uk/

Unfortunately, neddyw, electronic case resources only search back to 1871 (at least the ones I use, Westlaw & Lexisnexis, do) and with the H&M reports no longer knocking around, I can't find anymore on the case. Good luck though!

[Barmaid]

Thanks GMCD that is useful. I had a look on Westlaw and LN and Lawtel, and found quite a bit of reference to the case since it appears to establish a legal principle, but no case report. I am fairly sure Lincoln's Inn Library has this series of reports (and I bet the other Inns will have it too). Perhaps the British Library may be able to help.

[Gmcd01]

Ah Barmaid, I'm actually 'sad' enough to have an annual Readers Pass for the British Library (The IP & Business room is my den) but I don't recall ever seeing legal volumes in there. It's mostly academic literature rather than case reports. I'm sure you're right with the Inns' idea, but I took the more noble pursuit of the LPC (hahaha) and never took membership of an Inn. Are you by any chance living in London, Barmaid?

[Eve]

I tried googling but couldn't find anything.

Will ask the boss as he does some estate work so may know of the case and details (we're based in Manchester).

He's a fount of all knowledge and if he doesn't know, he may know someone who does.

[neddyw]

Thanks for all the help and suggestions.

I have e-mailed the library at the Inner Temple (I think) to see if they can help.

Will post a reply if I get any further with them.

Thanks again!

[Barmaid]

Gmcd - no I don't live in London. I used to work there but got out about 6 years ago. I was in Lincolns Inn library yesterday whilst I was adjourned for 2 hours so I could have looked this up then, had I known about i!

Jenna - its not an estate case, its IP law to do with trade marks. They used to be heard in the Chancery Division - which of course we all associate with trusts and estates now (which is my specialist area).