Judges: David Richards J Citations: [2006] EWHC 1316 (Ch), [2007] Bus LR 109, [2006] 3 All ER 1222 Links: Bailii Statutes: Companies Act 1985 425(1) Jurisdiction: England and Wales Company Updated: 11 September 2022; Ref: scu.242413
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The claimant appealed against refusal of an order allowing it to inspect the company’s accounts. Held: That an inspection was intended to damage the company was not the only ground for refusing access. There was here a serious issue about the purpose of the inspection, and a section 459 application was due to be heard. … Continue reading Oxford Legal Group Ltd v Sibbasbridge Services Plc and Another: CA 18 Apr 2008
An accountant has no lien over a company’s statutory papers for inspection at office. Citations: Times 25-Jan-1996 Statutes: Companies Act 1985 222 Company Updated: 08 April 2022; Ref: scu.80143
Application for leave to appeal from finding of unfairly prejudicial Citations: [2001] EWCA Civ 253 Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Company Updated: 27 June 2022; Ref: scu.222971
The applicant having been cautioned for an offence under the Companies Act 1985, he objected to being required to answer questions put to him in connection with the matter by the Director of the Serious Fraud Office under the 1987 Act. Held: The duty under the Act to answer SFO questions, continues even after the … Continue reading Regina v Director of Serious Fraud Office, ex Parte Smith: HL 15 Jul 1992
Trustee’s duties in relation to investments Within the National Coal Board Pension scheme, the trustees appointed by the NCB were concerned at the activities of the trustees of the miners, and sought directions from the court. The defendants refused to allow any funds to be invested abroad. Held: The same principles applied to pension funds … Continue reading Cowan v Scargill and Others: ChD 13 Apr 1984
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
ellinikiECJ1991 National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, … Continue reading Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas: ECJ 18 Jun 1991
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
The petitioner complained that he had first been removed as director, and that the remaining directors had misdescribed the company’s profits and paid those profits to themselves as management expenses and in breach of a resolution requiring an . .
