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Search Results for: Companies Act 1985 183
Nisbet v Shepherd: CA 1 Jul 1993
The omission of the amount of consideration does not invalidate a share transfer document. Citations: Ind Summary 19-Jul-1993, Times 01-Jul-1993 Statutes: Companies Act 1985 183 Jurisdiction: England and Wales Company Updated: 26 October 2022; Ref: scu.84307
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
Re Poyser and Mills’ Arbitration: 1963
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
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
Isaacs and Another v Belfield Furnishings Ltd. and others: ChD 27 Jan 2006
Citations: [2006] EWHC 183 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Company Updated: 05 July 2022; Ref: scu.238681
The Project Management Institute, Regina (on The Application of) v The Minister for The Cabinet Office and Others: Admn 17 Jul 2014
Mitting J set out the background to Royal Charters: ‘This is, I believe, the first time that the grant or refusal of a Royal Charter has been the subject of litigation. I propose, therefore, to begin by a brief analysis of the history and nature of Royal Charters and the process by which they are … Continue reading The Project Management Institute, Regina (on The Application of) v The Minister for The Cabinet Office and Others: Admn 17 Jul 2014
Newbury District Council v Secretary of State for the Environment: HL 1980
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
Lowe v Fahey: 1996
Where there has been material misconduct, even in the shape of a single act, the primary remedy is under section 459, not by a shareholder’s derivative action. Citations: [1996] 1 BCLC 262 Statutes: Companies Act 1985 459 Cited by: Cited – Anderson v Hogg IHCS 14-Dec-2001 The appellant sought an order under the section for … Continue reading Lowe v Fahey: 1996
Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
Kuwait Oil Tanker Company SAK and others v UBS AG, Qabazard: HL 12 Jun 2003
Mr Qabazard conspired with others to defraud the Kuwait Oil Tanker Company SAK and Sitka Shipping Inc of large sums of money. On 16 November 1998 Moore-Bick J gave judgment against him for over US$130m. Historically sums had been placed with the defendant, and garnishee orders were sought. Held: It is not correct to characterise … Continue reading Kuwait Oil Tanker Company SAK and others v UBS AG, Qabazard: HL 12 Jun 2003
Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld the agreements. Held: The appeal failed. The agreement was valid and enforceable. The anti-deprivation rule as such was … Continue reading Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011
Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to pressure the claimants into relocating them. The claimants appealed against summary dismissal of their claim on the basis that … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009
Sempra Metals Ltd v Inland Revenue Commissioners and Another: HL 18 Jul 2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
F and C Alternative Investments (Holdings) Ltd. v Barthelemy and Another: ChD 14 Jul 2011
References: [2011] EWHC 1851 (Ch) Links: Bailii Coram: Sales J Ratio: The parties applied to the court for a conclusion to their action without the draft judgment being handed down and published, they having reached agreement. Held: It was within the judge’s discretion and in this in the public interest for the judgment to be … Continue reading F and C Alternative Investments (Holdings) Ltd. v Barthelemy and Another: ChD 14 Jul 2011
