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Smith (Wallace Duncan), Regina v (No 4): CACD 17 Mar 2004

The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US. Held: Provided some substantial element (here the deception) took place within the UK, and provided there was no offence to international comity, the court here could hear such … Continue reading Smith (Wallace Duncan), Regina v (No 4): CACD 17 Mar 2004

Re RAC Motoring Services Ltd: ChD 8 Jul 1998

The court approved a scheme of arrangement allowing the RAC to sell off its roadside car resue service and to amend its constitution to allow distribution of the assets to members of the company. The effect of the scheme was that the members ceased to be members of RACL. A new company named RAC Acquisitions … Continue reading Re RAC Motoring Services Ltd: ChD 8 Jul 1998

Bruce Peskin; Kevin Milner v John Anderson and Others: CA 14 Dec 2000

The Royal Automobile Club (RAC) had been demutualised. The claimants were former members who sought damages from former directors because they had received no benefit. They had ceased to be members before the re-organisation and claimed they should . .

Home Insurance Company, Re: ChD 10 Nov 2005

The parties sought approval of scheme of arrangement of the American company at issue, a company conducting mainly re-insurances. Detailed proposals were put to the court as to the recovery of sums due to the company and payment out to the claimants or appropriate sums by way of compromise. Some creditors opposed the proposal. A … Continue reading Home Insurance Company, Re: ChD 10 Nov 2005

Burnden Holdings (UK) Ltd v Fielding and Another: CA 17 Jun 2016

The company, now in liquidation sought to claim for the alledged misapplication by former directors of its funds in 2007. It now appealed against a summary rejection of its claim as time barred. Held: The appeal succeeded. Section 21(1)(b) provides that no period of limitation prescribed by the Act applies to an action by a … Continue reading Burnden Holdings (UK) Ltd v Fielding and Another: CA 17 Jun 2016