In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank’s … Continue reading Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995
The defendants were charged with fraudulent trading. Two defendants sought to exclude the statement of another which had been obtained under compulsion. There was a conflict of interest between the defendants. A question arose as to the power of . .
Conspiracies to defraud – appeals from convictions and sentences . .
Citations: [2008] EWHC 221 (Ch), [2008] 1 BCLC 447, [2008] BCC 307 Links: Bailii Statutes: Companies Act 1985 359 Jurisdiction: England and Wales Company Updated: 19 July 2022; Ref: scu.264584
Use of ‘Without Prejudice Save as to Costs” A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the client, the respondent. The claim was compromised but without disclosing the … Continue reading Rush and Tompkins Ltd v Greater London Council and Another: HL 1988
The court considered its powers under the section: ‘The combined effect of sub-ss (1) and (3) is to empower the court to make such order as it thinks fit for giving relief, if it is first satisfied that the affairs of the company are being or have . .
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
Transfer of shares can be supported by payment of salary in return by company. . .
