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Simmers and others vInnes for an Order Under Section 461 of the Companies Act 1985: OHCS 17 Dec 2003

Judges: Lord Carloway Citations: [2003] ScotCS 314 Links: Bailii Statutes: Companies Act 1985 461 Jurisdiction: Scotland Citing: See Also – In Petition of Arthur Simmers and others for an Order Under Sec 461 of the Companies Act 1985 In Respect of Scotpigs Limited SCS 24-Apr-2003 . . See Also – Simmers and Others, Re Petition … Continue reading Simmers and others vInnes for an Order Under Section 461 of the Companies Act 1985: OHCS 17 Dec 2003

Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. The insurers now appealed against Held: The appeal succeeded. It is … Continue reading Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

Arrow Nominees Inc, Blackledge (L) v Blackledge (G), Blackledge (M), Blackledge (GR and MM): ChD 21 Jan 2000

The claimants had begun proceedings claiming unfair prejudice by the defendants in the management of the business. The defendants sought to have the petition struck out saying that the claimants had used falsified documents to base their petition. At one hearing the court had found such behaviour, but had declined to strike out the petition. … Continue reading Arrow Nominees Inc, Blackledge (L) v Blackledge (G), Blackledge (M), Blackledge (GR and MM): ChD 21 Jan 2000

In re Saul Harrison and Sons PLC: CA 1994

The plaintiffs claimed that the directors had either exceeded their powers or had exercised their powers for some illegitimate or ulterior purpose. Held: Where the claim of unfairness was not reasonably arguable, the court could exercise its jurisdiction to strike out a petition presented under section 459. Having observed that petitions under section 459 are … Continue reading In re Saul Harrison and Sons PLC: CA 1994

Regina v Schildkamp: HL 1971

The defendant was accused of defrauding the company’s creditors. Held: Not guilty. When interpreting a statute, the words of a heading cannot have equal weight with the words of the Act. The courts sometimes have to fill lacunae in legislation. Punctuation could be used as aids in cases of ambiguity as could the long title … Continue reading Regina v Schildkamp: HL 1971

Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008