Search Results for: Companies 994 Act 2006

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West Coast Capital (Lios) Ltd, Re an Order Under Section 994 of the Companies Act 2006: SCS 15 May 2008

‘Thus, it is at least possible that a decision of the board to seek approval for a share issue could be regarded as unfair prejudice, even though the offer could be taken up pro rata by existing shareholders, if it were shown that the board or the majority shareholders knew that the minority for whatever … Continue reading West Coast Capital (Lios) Ltd, Re an Order Under Section 994 of the Companies Act 2006: SCS 15 May 2008

Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

Fulham Football Club Ltd v Cabra Estates plc: CA 1994

Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by the local authority (which Fulham FC had supported) for the making of a compulsory … Continue reading Fulham Football Club Ltd v Cabra Estates plc: CA 1994

Norwich Union Insurance Ltd v Meisels and Another: QBD 9 Nov 2006

The claimants sought payment for water damage under their policies. The insurer alleged non-disclosure. The judge had found the claimants to be honest, and criticised the defendants witnesses. The claimants had been involved in companies which had been in insolvent liquidation, but the proposal from did not raise the issue. Was the non-disclosure material? Held: … Continue reading Norwich Union Insurance Ltd v Meisels and Another: QBD 9 Nov 2006

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

Sainsbury’s Supermarkets Ltd v HM Courts Service (South West Region, Devon and Cornwall Area) and others: Admn 14 Jun 2006

The defendants sought judicial review of decisions by magistrates to substitute out of time properly named companies as defendants in cases under the 1990 Act. Held: The court had repeated the error made in the Marco case, by substituting as a defendant a party not before the court. The effect of the district judge’s decision … Continue reading Sainsbury’s Supermarkets Ltd v HM Courts Service (South West Region, Devon and Cornwall Area) and others: Admn 14 Jun 2006

Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006

The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006

Fulham Leisure Holdings Ltd v Nicholson Graham and Jones: ChD 14 Feb 2006

The defendant solicitors were being sued for professional negligence. The claimants had taken legal advice after termination of the retainer which led to the present action, and sought to rely upon part of counsel’s opinion. The defendants sought full disclosure of the papers relating to the advice. Held: The court would order further limited disclosure … Continue reading Fulham Leisure Holdings Ltd v Nicholson Graham and Jones: ChD 14 Feb 2006

L’Oreal Sa and others v Bellure NV and others: ChD 4 Oct 2006

The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled. Held: The claimant’s expert survey evidence was defective in several ways, but even so there was no evidence of confusion under the … Continue reading L’Oreal Sa and others v Bellure NV and others: ChD 4 Oct 2006

Z Bank v DI: ChD 1994

A company in contempt of court may have acted with a greater or lesser degree of culpability and the court has a discretion to impose punishment commensurate with that culpability, although some penalty is likely to be appropriate unless the contempt has been casual or accidental or unintentional or subsequently purged, but ‘That, however, does … Continue reading Z Bank v DI: ChD 1994

Regina v Greater Manchester Justices Ex Parte Aldi Gmbh and Co Kg; Aldi Gmbh v Mulvenna: QBD 28 Dec 1994

The substitution of a defendant in a case before the magistrates was challengeable where it was not a mere mistake in the name of the defendant. The wholesalers who should have been named had been in correspondence for some time with the prosecutor and had failed to point out the error until shortly before the … Continue reading Regina v Greater Manchester Justices Ex Parte Aldi Gmbh and Co Kg; Aldi Gmbh v Mulvenna: QBD 28 Dec 1994

Pan Atlantic Insurance Co Ltd and Another v Pine Top Insurance Co Ltd: HL 27 Jul 1994

The plaintiff had written long term (tail) insurance. The defendant came to re-insure it. On a dispute there were shown greater losses than had been disclosed, and that this had been known to the Plaintiff. Held: ‘material circumstance’ which would require disclosure under the Act are such circumstances as would affect an insurer’s mind. Did … Continue reading Pan Atlantic Insurance Co Ltd and Another v Pine Top Insurance Co Ltd: HL 27 Jul 1994

Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

Acts

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Brown v KMR Services Ltd: CA 26 Jul 1995

Allied Maples had made a corporate takeover of assets and businesses within the Gillow group of companies, during which it was negligently advised by the defendant solicitors in relation to seeking protection against contingent liabilities of subsidiaries within the vendor’s group. Allied Maples would have been better off, competently advised, if, but only if: (a) … Continue reading Brown v KMR Services Ltd: CA 26 Jul 1995

Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd: CA 27 May 1999

The court considered the validity of beer ties affecting public houses. Judges: Lord Justice Schiemann Lord Justice Mance Lord Justice Morritt Citations: [1999] EWCA Civ 1501 Jurisdiction: England and Wales Citing: Appeal from – Courage Limited v Crehan ChD 25-Nov-1998 . . Cited – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994 An award of … Continue reading Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd: CA 27 May 1999

Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008

The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008

Homes of England Ltd v Horsham Holdings Ltd and Others: ChD 4 May 2020

The Petitioner sought an interim order restraining the Respondents until trial of its petition under s.994 of the Companies Act 2006 from paying out the sum of pounds 500,000, currently held in a solicitors’ client account, to any of the Respondents other than the First Respondent. It also seeks a further order preventing the First … Continue reading Homes of England Ltd v Horsham Holdings Ltd and Others: ChD 4 May 2020

Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

ABC v Shulmans Llp: ComC 25 Sep 2019

The Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 of the Companies Act 2006 and a further claim for damages in the High Court, were for the … Continue reading ABC v Shulmans Llp: ComC 25 Sep 2019

Gill v Thind and Others: ChD 14 Nov 2022

Trial, as to liability only, of a Part 7 Claim and an associated Section 994 Petition. Judges: Mr David Halpern KC Sitting as a High Court Judge Citations: [2022] EWHC 2872 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 23 November 2022; Ref: scu.682843

Heywood v Freakley and Others: ChD 2 Nov 2022

Judges: Mr Justice Fancourt Vice-Chancellor of the County Palatine of Lancaster Citations: [2022] EWHC 2762 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 18 November 2022; Ref: scu.682336

Norris and Others v Dooley: ChD 2 Dec 2021

Appeal from share valuation Judges: The Honourable Mr Justice Marcus Smith Citations: [2021] EWHC 3656 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company, Damages Updated: 17 November 2022; Ref: scu.682845

Westinsure Group Ltd v Revenue and Customs: FTTTx 11 Feb 2013

FTTTx VAT – exemption for provision of services of an insurance intermediary – whether exemption applies to services provided to facilitate insurance brokers obtaining better terms and related benefits from insurance companies and other insurance related services – Article 135 (1)(a) Directive 2006/112 EC- Schedule 4 Group 2 Value Added Tax Act 1994 Citations: [2013] … Continue reading Westinsure Group Ltd v Revenue and Customs: FTTTx 11 Feb 2013

Croly v Good and Others: ChD 8 Jan 2010

The claimant sought relief, alleging unfairly prejudicial conduct of a company by the defendant. Judges: Cooke J Citations: [2010] EWHC 1 (Ch), [2011] BCC 105, [2010] 2 BCLC 569 Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 31 October 2022; Ref: scu.392878

Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

Security for costs should not to be granted against an EC National in the absence of some particular difficulty. The Treaty required citizens of other states which were signatories of the convention. The importance of accurate evidence is particularly acute on an application without notice, and the duty of disclosure on such an application was … Continue reading Fitzgerald and Others v Williams and Others O’Regan and Others v Same: CA 3 Jan 1996

Re Compound Photonics Group Ltd: CA 21 Oct 2022

Judges: Lord Justice Newey Lady Justice Carr And Lord Justice Snowden Citations: [2022] EWCA Civ 1371 Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 26 October 2022; Ref: scu.682060

Regina v Mullen: CACD 4 Feb 1999

British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to endanger life or to cause serious injury to property. It was alleged that he was a member of the IRA. In … Continue reading Regina v Mullen: CACD 4 Feb 1999

Evans v Royal Wolverhampton Hospitals NHS Foundation Trust: QBD 8 Oct 2014

The court was asked whether a party who requires the court’s permission to withdraw a Part 36 offer may be granted such permission on the basis of information and for reasons not disclosed to the party to whom the offer was made. Held: The Trust could not withdraw its part 36 offer to settle because … Continue reading Evans v Royal Wolverhampton Hospitals NHS Foundation Trust: QBD 8 Oct 2014

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

Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004

The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004

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

Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

Marley v Rawlings and Another: SC 22 Jan 2014

A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014

Stockler v HM Revenue and Customs: ChD 22 Sep 2009

The taxpayer appealed against a decision confirming the Commissioners’ power to impose a penalty on him. It was said that his solicitors’ firm had negligently understated its profits. A settlement was proposed allowing a withdrawal of the return, which the claimant said was inconsistent with a penalty. Held: There had been no error of law … Continue reading Stockler v HM Revenue and Customs: ChD 22 Sep 2009

Isaac v Tan and Another: ChD 29 Jul 2022

Judges: Mr Justice Adam Johnson Citations: [2022] EWHC 2023 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 23 August 2022; Ref: scu.679833

Hussain v Hussain and Others: ChD 19 Jul 2022

Judges: Chief Insolvency and Companies Court Judge Brigggs Citations: [2022] EWHC 1880 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 21 August 2022; Ref: scu.679610

Metson v Metson and Others: ChD 26 Jul 2022

Judges: Ashley Greenbank (Sitting as a Deputy Judge of the High Court) Citations: [2022] EWHC 1988 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 19 August 2022; Ref: scu.679698

Sharafi and Another v Woven Rugs Ltd and Others: ChD 24 Feb 2010

Shareholders sought relief for unfairly prejudicial conduct by the majority shareholder. Judges: David Richards J Citations: [2010] EWHC 230 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Citing: See Also – Re Woven Rugs Ltd ChD 2002 . . Lists of cited by and citing cases may be incomplete. Company Updated: … Continue reading Sharafi and Another v Woven Rugs Ltd and Others: ChD 24 Feb 2010

Boughtwood v Oak Investment Partners XII Ltd: CA 28 Jan 2010

The claimant had alleged unfair prejudice in the conduct of the business. The court considered an appeal on the valuation of the shares ordered to be purchased. Judges: Rix, Moses, Rimer LJJ Citations: [2010] EWCA Civ 23, [2010] 2 BCLC 459 Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Cited by: Cited … Continue reading Boughtwood v Oak Investment Partners XII Ltd: CA 28 Jan 2010

Xie v Meng and Others: ChD 20 Jul 2022

Judges: ICC Judge Prentis Citations: [2022] EWHC 1819 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 09 August 2022; Ref: scu.679613

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

O’Donnell v Shanahan and Another: CA 22 Jul 2009

The claimant appealed against dismissal of her petition for an order for the defendants to purchase her shares at a fair value, saying that they had acted unfairly toward her. Her co-directors had acquired, for another company of which they were sole directors, a property which might have been bought by the company. Held: The … Continue reading O’Donnell v Shanahan and Another: CA 22 Jul 2009

Dodson and Another v Shield and Others: ChD 11 Jul 2022

Petition brought under section 994(1) of the Companies Act 2006 by two shareholders for unfair prejudice. Judges: Mr Recorder Adrian Jack (Sitting as a High Court Judge) Citations: [2022] EWHC 1751 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 25 July 2022; Ref: scu.679130

Sethi v Patel and Another: ChD 19 Jul 2010

The petitioner alleged unfair prejudice in the management of the company and sought an order for the respondents to purchase his shares. Judges: Newey J Citations: [2010] EWHC 1830 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 21 July 2022; Ref: scu.420966

The Test Claimants In The FII Group Litigation v HM Revenue and Customs: ChD 18 Dec 2014

The company claimants had paid large sums in excess tax under a mistake of European law. Judges: Henderson J Citations: [2014] EWHC 4302 (Ch), [2015] BTC 3, [2015] STI 49, [2015] STC 1471 Links: Bailii Statutes: Value Added Tax Act 1994 94 Jurisdiction: England and Wales Citing: See Also – Test Claimants In The FII … Continue reading The Test Claimants In The FII Group Litigation v HM Revenue and Customs: ChD 18 Dec 2014

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Bridgen v Bridgen and Others: ChD 29 Mar 2022

Judges: His Honour Judge Rawlings (Sitting as a High Court Judge) Citations: [2022] EWHC 1028 (Ch) Links: Bailii Statutes: Companies Act 2006 994(a) Jurisdiction: England and Wales Company Updated: 14 July 2022; Ref: scu.678725

Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007

Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted registration of esure’s trade mark. Esure now appealed a ruling against it’s … Continue reading Esure Insurance Ltd v Direct Line Insurance Plc: ChD 29 Jun 2007

Loyalty Management UK Ltd v Customs and Excise: VDT 6 Apr 2005

VDT VALUE ADDED TAX – input tax – the Appellant operates the Nectar programme under which customers who purchase goods (called primary goods) from certain retailers receive points which they may use to acquire goods (called secondary goods) from other suppliers – the Appellant pays the supplier for the secondary goods – whether, when a … Continue reading Loyalty Management UK Ltd v Customs and Excise: VDT 6 Apr 2005

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

Micula and Others v Romania: SC 19 Feb 2020

The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Oberman v Collins and Another: ChD 21 Dec 2020

Proceedings brought for a declaration that the claimant is beneficially entitled to 50% of a number of properties held by the Defendants either under a common intention constructive trust or a partnership and for relief under sections 994 and 996 of the Companies Act 2006 on the grounds of unfair prejudice. Judges: Tom Leech QC … Continue reading Oberman v Collins and Another: ChD 21 Dec 2020

Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who could enter the market or increase their market share to gain access … Continue reading Stergios Delimitis v Henninger Brau AG: ECJ 28 Feb 1991

Sabel BV v Puma AG, Rudolf Dassler Sport: ECJ 11 Nov 1997

The test of whether a sign is confusing is how the use of the sign would be perceived by the average consumer of the type of goods in question. ‘The likelihood of confusion must therefore be appreciated globally, taking into account all factors relevant to the circumstances of the case. That global appreciation of the … Continue reading Sabel BV v Puma AG, Rudolf Dassler Sport: ECJ 11 Nov 1997

Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

Smith v Smith and Another: ChD 6 May 2022

Unfair prejudice petition Judges: HHJ Mark Cawson QC Citations: [2022] EWHC 1035 (Ch) Links: Bailii Statutes: Companies Act 2006 994 995 996 Jurisdiction: England and Wales Company Updated: 28 May 2022; Ref: scu.677547

Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012

Romasave Property Services Ltd v Revenue and Customs: FTTTx 26 Apr 2013

FTTTx VAT – application for permission to make late appeal – permission refused Citations: [2013] UKFTT 267 (TC) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Romasave (Property Services) Ltd v Revenue and Customs FTTTx 3-Jun-2014 FTTTx VAT – Application for permission to appeal out of time – Value Added Tax Act … Continue reading Romasave Property Services Ltd v Revenue and Customs: FTTTx 26 Apr 2013

Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983

The defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under the Highways Act 1980. The hearing took place after … Continue reading Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983

Powdrill and Another v Watson and Another: HL 23 Mar 1995

A receiver of a companies assets, who employed former staff of the company, beyond an initial period of 14 days, becomes personally responsible for their employment contracts, and consequently becomes liable for making redundancy payments. The 1870 Act could be used to determine arrears of salary attributable to the period prior to the administrators’ appointment.Lord … Continue reading Powdrill and Another v Watson and Another: HL 23 Mar 1995

Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955

The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955