Acts
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
A company could be re-instated to the companies register retrospectively for the purposes of a court action. The case was suspended, and not to be struck-out, pending that re-instatement. Citations: Gazette 08-Feb-1995, Times 31-Dec-1994 Statutes: Companies Act 1985 653 Jurisdiction: England and Wales Company, Litigation Practice Updated: 20 December 2022; Ref: scu.89523
Where application was made to restore a company to the register, to face court action, the court should look at the issues of limitation, and at how any delays had arisen. Held: The court should be aware of the potential prejudice created by the use of the section. In this case there was no reason … Continue reading Whitbread (Hotels) Ltd and Another v Walkmore (95) Ltd: OHCS 4 Jan 2002
Where an application is made to restore a company to the register, the court was free to look to the interests of third parties who might be affected and to allow them to protect those interests by being joined in the application. In this case undertenants of a lease held by the company had such … Continue reading In the Matter of Blenheim Leisure (Restaurants) Limited: CA 26 Jul 1999
A former director of a company could apply to have it restored to the register of companies even though he had played a significant part in the decisions to wind the company up in the first place. The time for testing whether he had an appropriate grievance which might found an application was at the … Continue reading Conti v Ueberseebank Ag: IHCS 15 Mar 2000
On an application to restore a company to the register, the court has the power to impose conditions, whether as pre-conditions or whether by accepting undertakings as to the circumstances for restoral. Such conditions however must be intended primarily for the benefit of either the company or of the Registrar. Citations: Gazette 20-Oct-1999, Times 26-Oct-1999 … Continue reading In Re Blenheim Leisure (Restaurants) Ltd (No 2): ChD 26 Oct 1999
The crown’s disclaimer of a lease does not stop revival of liability under the lease on the re-registration of the company. Citations: Times 23-Feb-1994 Statutes: Companies Act 1985 653(1) Jurisdiction: England and Wales Company, Landlord and Tenant, Insolvency Updated: 08 April 2022; Ref: scu.77755
Judges: Mr Justice Keene Lord Justice Schiemann Lord Justice Jonathon Parker Citations: [2003] EWCA Civ 391 Links: Bailii Statutes: Companies Act 1985 652 653 Jurisdiction: England and Wales Company Updated: 02 June 2022; Ref: scu.180326
Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979
FTTTx Income Tax; PAYE Determinations; National Insurance Contributions Decisions; bonus; effect of reference in accounts to fish stocks; whether paper transaction; whether contingent liability or accrual; Time Bar; deliberate conduct; whether liability excluded by agreement and/or undertaking; Taxpayer struck off Register of Companies and subsequently restored to the Register; effect of restoration; Income Tax (Pay … Continue reading Spring Salmon and Seafood Ltd v Revenue and Customs: FTTTx 11 Sep 2014
A company created under the Act is not created a corporation with inherent common law rights. The memorandum was the company’s charter which could not be departed from save so far as permitted by s12. A contract made by the directors upon a matter . .