Search Results for: Companies Act 1985 404

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Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority. Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution … Continue reading Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

Exeter Trust Ltd v Screenways Ltd: CA 14 May 1991

The existence of the limited staturtory jurisdiction to order rectification under section 404 displaced and was inconsistent with the continuation of any common law power to order rectification. Citations: Times 14-May-2003, [1991] BCLC 888 Statutes: Companies Act 1985 404 Jurisdiction: England and Wales Cited by: Applied – Igroup Ltd v Ocwen (an unlimited company) and … Continue reading Exeter Trust Ltd v Screenways Ltd: CA 14 May 1991

Ali v Top Marques Car Rental Ltd and Others: ChD 3 Feb 2006

The claimant had sought an extension of time for registration of his charge over the company’s assets. The judge granted the request but delayed its implementation for 14 days to allow the company or other creditors to object. Companies House practice was to register the charge upon receipt of such an order, but not to … Continue reading Ali v Top Marques Car Rental Ltd and Others: ChD 3 Feb 2006

In re Saul D Harrison and Sons plc: CA 1995

The ‘legitimate expectations’ of a party were a label for the ‘correlative right’ to which a relationship between company members may give rise when, on equitable principles, it would be regarded as unfair for a majority to exercise a power conferred upon them by the articles to the prejudice of another member. Depriving a shareholder … Continue reading In re Saul D Harrison and Sons plc: CA 1995

Igroup Ltd v Ocwen (an unlimited company) and Others: ChD 23 Oct 2003

The claimant had submitted debentures and forms to the registrar of companies for registration. The documents submitted contained more information than was necessary, and the extra information was commercially sensitive. It sought rectification of the forms submitted or to amend the registers to exclude the additional information. Held: The court had no power to make … Continue reading Igroup Ltd v Ocwen (an unlimited company) and Others: ChD 23 Oct 2003

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Rehman v Chamberlain and Another: ChD 6 Sep 2011

The claimant asserted as against the liquidator, a floating and registered charge over the company’s assets. The liquidator said that it had been granted within the twelve months prior to the onset of the insolvency, was caught by section 245(3)(b), and requested rectification of the register. The claimants relied on an opinion from senior counsel. … Continue reading Rehman v Chamberlain and Another: ChD 6 Sep 2011