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Iliffe News and Media Ltd and Others v Revenue and Customs: FTTTx 1 Nov 2012

FTTTx CORPORATION TAX – purported assignments of unregistered trade marks in gross (newspaper mastheads) by subsidiaries to their parent company – whether valid under common law – held no – alternatively on the basis that they were valid whether certain of them were unlawful distributions pursuant to sections 263 and 270(2) Companies Act 1985 – … Continue reading Iliffe News and Media Ltd and Others v Revenue and Customs: FTTTx 1 Nov 2012

It’s A Wrap (UK) Ltd v Gula and Another: ChD 16 Sep 2005

The defendant company directors were accused of having paid dividends to themselves when the company was in fact making a loss. Held: A claim might lie, but the pleadings did not phrase it adequately, and an amendment would be improper. Though payments had been made at a time when the company ws making losses, a … Continue reading It’s A Wrap (UK) Ltd v Gula and Another: ChD 16 Sep 2005

Macpherson and Another v European Strategic Bureau Ltd: ChD 1 Mar 1999

There had been no unlawful distribution under a shareholders’ agreement where quasi-partners were given a share of future earnings for contracts initiated by them before retirement in proportion to previous stake in the company. A director ought to be relieved against a failure to declare an interest in a contract where: ‘No amount of formal … Continue reading Macpherson and Another v European Strategic Bureau Ltd: ChD 1 Mar 1999

Macpherson and Another v European Strategic Bureau Ltd: CA 14 Sep 2000

Directors who made agreements under which they were to be paid past consultancy fees and to pay other liabilities, in preference if necessary to other creditors, and without making provision for the costs of completing existing obligations, operated as an informal winding up of the company, and it was in breach the directors duty to … Continue reading Macpherson and Another v European Strategic Bureau Ltd: CA 14 Sep 2000

Burnden Holdings (UK) Ltd v Fielding and Another: CA 17 Jun 2016

The company, now in liquidation sought to claim for the alledged misapplication by former directors of its funds in 2007. It now appealed against a summary rejection of its claim as time barred. Held: The appeal succeeded. Section 21(1)(b) provides that no period of limitation prescribed by the Act applies to an action by a … Continue reading Burnden Holdings (UK) Ltd v Fielding and Another: CA 17 Jun 2016

Secretary of State for Trade and Industry v Eastaway: CA 6 Apr 2001

Judges: Tuckey, Rix, Arden LLJ Citations: [2001] EWCA Civ 763, [2003] 2 BCLC 263 Links: Bailii Statutes: Company Directors Disqualificatin Act 1985 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000 Where the Court of Appeal had refused permission to apply for … Continue reading Secretary of State for Trade and Industry v Eastaway: CA 6 Apr 2001

Secretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2): CA 13 Sep 2001

Citations: [2001] EWCA Civ 1595, [2003] 2 BCLC 263 Links: Bailii Statutes: Company Directors Disqualificatin Act 1985 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000 Where the Court of Appeal had refused permission to apply for judicial review after a similar … Continue reading Secretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2): CA 13 Sep 2001

Equitable Life Assurance Society v Bowley and others: ComC 17 Oct 2003

The claimant sought damages against its former directors for negligence and breach of fiduciary duty. The defendants asked that the claims be struck out. Held: It was no longer good law that directors might leave the conduct of the company’s business to competent management. Though section 727 might give relief to directors who had been … Continue reading Equitable Life Assurance Society v Bowley and others: ComC 17 Oct 2003

Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009

The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009

Bee Tee Alarms, Re: ChD 10 Mar 2006

Citations: [2006] EWHC 584 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Citing: Cited – Re A company, ex parte Kremer 1989 Hoffmann J said: ‘Counsel for the petitioner said the petition made allegations of mismanagement and misappropriation of funds by improper payments against the respondent and that, if these were … Continue reading Bee Tee Alarms, Re: ChD 10 Mar 2006