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President of India v La Pintada Compagnia Navigacia SA (“La Pintada”): HL 1985

The house decided against altering the rule in Page -v- Newman. ‘The common law does not award general damages for delay in payment of a debt beyond the date when it is contractually due’ The power given to the court under s 35A is discretionary. It does not have the character of a substantive right. … Continue reading President of India v La Pintada Compagnia Navigacia SA (“La Pintada”): HL 1985

President of India v La Pintada Compagnia Navigacia SA (‘La Pintada’): HL 1985

References: [1985] AC 104 Coram: Lord Brandon, Lord Bridge The house decided against altering the rule in Page -v- Newman. ‘The common law does not award general damages for delay in payment of a debt beyond the date when it is contractually due’ The power given to the court under s 35A is discretionary. It … Continue reading President of India v La Pintada Compagnia Navigacia SA (‘La Pintada’): HL 1985

Smith v Henniker-Major and Co: CA 22 Jul 2002

The claimant appealed the strike-out of his claim for professional negligence against the respondent solicitors. He claimed that the solicitors had acted in breach of their duty, and he then called a company meeting. Only he attended. He mistakenly believed that he had the power to assign to himself from the company the right of … Continue reading Smith v Henniker-Major and Co: CA 22 Jul 2002

EIC Services Ltd European Internet Capital Ltd v Phipps, Paul, Barber: CA 30 Jul 2004

Whether issue of additional shares had been properly authorised Lord Justice Peter Gibson Mr Justice Newman Lord Justice Sedlay [2004] EWCA Civ 1069, [2004] 2 BCLC 589, [2005] 1 WLR 1377, [2005] 1 All ER 338, [2004] BCC 814 Bailii Companies Act 1985 35A(1) England and Wales Citing: Cited – Hill v Permanent Trustee Company … Continue reading EIC Services Ltd European Internet Capital Ltd v Phipps, Paul, Barber: CA 30 Jul 2004

Boake Allen Ltd and others v HM Revenue and Customs: CA 31 Jan 2006

The claimant companies had paid corporation tax under rules which had later been found to be discriminatory. They now sought repayment by virtue of double taxation agreements with the countries in which the parent companies were based. Held: The double agreements required the taxation provisions should not treat worse ‘other similar enterprises of that first-mentioned … Continue reading Boake Allen Ltd and others v HM Revenue and Customs: CA 31 Jan 2006

Bayoumi v Women’s Total Abstinence Union Ltd and Another: CA 5 Nov 2003

A charity entered into a contract for the sale of land. It failed to comply with the requirements under the Act. The purchaser assigned the benefit of the contract, to the claimant who sought to enforce the contract. Held: The section only allowed a completed transaction to be rescued. An uncompleted contract was not itself … Continue reading Bayoumi v Women’s Total Abstinence Union Ltd and Another: CA 5 Nov 2003