Application by Swissport Fuelling Limited for the court’s sanction under section 899 of the Companies Act 2006 of a scheme of arrangement. Judges: Mils J Citations: [2020] EWHC 1773 (Ch) Links: Bailii Statutes: Companies Act 2006 Jurisdiction: England and Wales Company, Insolvency Updated: 31 December 2022; Ref: scu.652322
Judges: Sir Alastair Norris Citations: [2021] EWHC 967 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 07 December 2022; Ref: scu.662132
Application to sanction a scheme of arrangement in respect of the company Citations: [2020] EWHC 315 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 03 November 2022; Ref: scu.648522
Citations: [2020] EWHC 320 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 01 November 2022; Ref: scu.648526
Judges: Snowden J Citations: [2021] EWHC 814 (Ch) Links: Bailii Statutes: Companies Act 2006 901C Jurisdiction: England and Wales Company Updated: 31 October 2022; Ref: scu.661646
Application by GW Pharmaceuticals plc for an order convening a meeting of its members for the purposes of considering and, if thought fit, approving a scheme of arrangement under Part 26 of the Companies Act 2006. Judges: Snowden J Citations: [2021] EWHC 716 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 17 October 2022; … Continue reading GW Pharmaceuticals Plc, Re (Part 26 of The Companies Act 2006): ChD 25 Mar 2021
Judges: Snowden J Citations: [2021] EWHC 379 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 13 October 2022; Ref: scu.658919
Citations: [2016] EWHC 246 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 13 October 2022; Ref: scu.560088
Judges: Mr Justice Zacaroli Citations: [2019] EWHC 3336 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 08 October 2022; Ref: scu.646194
Citations: [2012] ScotCS CSOH – 5 Links: Bailii Scotland Updated: 05 October 2022; Ref: scu.452209
Judges: Norris J Citations: [2019] EWHC 2532 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 02 September 2022; Ref: scu.642616
Citations: [2010] ScotCS CSOH – 87 Links: Bailii Jurisdiction: Scotland Company Updated: 21 August 2022; Ref: scu.420863
Application to approve scheme of arrangement. Citations: [2021] EWHC 222 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Company, Insolvency Updated: 03 August 2022; Ref: scu.658056
Citations: [2019] EWHC 2080 (Ch) Links: Bailii Statutes: Companies Act 2006 Jurisdiction: England and Wales Company Updated: 03 August 2022; Ref: scu.640618
Citations: [2009] ScotCS CSOH – 20 Links: Bailii Statutes: Companies Act 2006 266 Jurisdiction: Scotland Company Updated: 23 July 2022; Ref: scu.291804
Citations: [2019] EWHC 1392 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 11 July 2022; Ref: scu.638276
Application for the sanction of a scheme of arrangement (‘the Scheme’) pursuant to Part 26 of the Companies Act 2006 Citations: [2019] EWHC 1278 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 08 July 2022; Ref: scu.638190
Approval of proposed scheme of arrangement Judges: Marcus Smith J Citations: [2019] EWHC 960 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 28 June 2022; Ref: scu.636137
Citations: [2018] EWHC 2215 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 23 June 2022; Ref: scu.625483
Citations: [2019] EWHC 751 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 17 June 2022; Ref: scu.635189
Application for the sanction of a Scheme of Arrangement under Part 26 of the Companies Act 2006 between Smith and Williamson Holdings Limited and its A and D shareholders. Citations: [2020] EWHC 3931 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 07 May 2022; Ref: scu.675724
Application by the Company for an order sanctioning a restructuring plan under Part 26A of the Companies Act 2006 Judges: Lord Justice Snowden (Sitting as An Additional Judge of the High Court) Citations: [2022] EWHC 740 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 29 April 2022; Ref: scu.675337
Application for approval of restructuring programme Judges: Mr Justice Trower Citations: [2022] EWHC 687 (Ch) Links: Bailii Statutes: Companies Act 2006 Jurisdiction: England and Wales Company Updated: 19 April 2022; Ref: scu.675329
Application the Company, for an order sanctioning a scheme of arrangement between the Company and its Scheme Creditors. Judges: Snowden J Citations: [2020] EWHC 2977 (Ch) Links: Bailii Statutes: Companies Act 2006 Jurisdiction: England and Wales Company, Insolvency Updated: 07 April 2022; Ref: scu.655624
Judges: Falk J Citations: [2020] EWHC 2683 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 23 March 2022; Ref: scu.655013
Judges: Sir Geoffrey Vos, Ch Citations: [2017] EWHC 184 (Ch) Links: Bailii Statutes: Companies Act 2006 899(1) Jurisdiction: England and Wales Company Updated: 29 January 2022; Ref: scu.573908
[2016] ScotSC 29 Bailii Scotland, Company Updated: 20 January 2022; Ref: scu.567219
Application for declarations as to interpretation of scheme of arrangement. Rose J [2015] EWHC 815 (Ch) Bailii Companies Act 2006 England and Wales Company Updated: 29 December 2021; Ref: scu.544920
‘Thus, it is at least possible that a decision of the board to seek approval for a share issue could be regarded as unfair prejudice, even though the offer could be taken up pro rata by existing shareholders, if it were shown that the board or the majority shareholders knew that the minority for whatever … Continue reading West Coast Capital (Lios) Ltd, Re an Order Under Section 994 of the Companies Act 2006: SCS 15 May 2008
Lord Doherty [2014] ScotCS CSOH – 96 Bailii Companies Act 2006 996 Scotland, Company, Costs Updated: 16 December 2021; Ref: scu.534126
[2014] EWHC 1357 (Ch) Bailii England and Wales Company Updated: 04 December 2021; Ref: scu.525134
[2020] EWHC 2441 (Ch) Bailii England and Wales Company Updated: 04 December 2021; Ref: scu.653948
[2013] ScotCS CSOH – 116 Bailii Scotland Updated: 15 November 2021; Ref: scu.512293
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References: [2016] ScotSC 29 Links: Bailii Ratio: Last Update: 25-Jul-16 Ref: 567219
The court was asked to sanction a scheme of arrangements, and particularly to approve a proposed scheme which itself contained the power to make amendments to the scheme. Held: The court did have power to sanction such a proposed scheme of arrangement, though it would use its power only in unusual cirumstances. This case was … Continue reading Cape Plc and Others, Re Companies Act 1985: ChD 16 Jun 2006
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
Judges: Mr Justice Richards Citations: [2006] EWHC 1401 (Ch) Links: Bailii Statutes: Companies Act 1985 Jurisdiction: England and Wales Company Updated: 24 August 2022; Ref: scu.242575
Judges: Lord Glennie Citations: [2009] ScotCS CSOH – 127 Links: Bailii Statutes: Companies Acts 2006 896 Jurisdiction: Scotland Company, Insurance Updated: 28 July 2022; Ref: scu.374719
Judges: David Richards J Citations: [2008] EWHC 1543 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 17 July 2022; Ref: scu.270628
The claimant sought the restoration of 31 companies to the register, so as to be appointed liquidator and to investigate possible claims against former officeholders. Judges: ICC Judge Barber Citations: [2020] EWHC 1561 (Ch) Links: Bailii Statutes: Companies Act 2006 1069 Jurisdiction: England and Wales Company, Insolvency Updated: 07 December 2022; Ref: scu.652120
The insolvent company held assets for its clients. The liquidators proposed a scheme of arrangement which would allow them protection. Held: The 2006 Act was to allow arrangements between a company and its creditors. The company’s former clients with proprietary interests which were held in trust for them by the company were not creditors. The … Continue reading Lehman Brothers International (Europe), Re Insolvency Act 1986: CA 6 Nov 2009
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the plaintiff’s claim. He also said that the insurer should give credit … Continue reading Bee v Jenson: ComC 21 Dec 2006
An application was made for the rectfication of the company’s registers. Held: The claimant’s name had been improperly removed from the register, and therefore he was prima facie entitled to a rectification. However even if rectified, the beneficial ownership of any share would remain unresolved. The appeal was dismissed. Judges: Waller LJ, Arden LJ, Sir … Continue reading Smith v Charles Building Services Ltd and Another: CA 19 Jan 2006
Application for recognition of foreign insolvency action. Judges: Insolvency and Companies Court Judge Catherine Burton Citations: [2021] EWHC 1100 (Ch) Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 27 November 2022; Ref: scu.662217
The third parties apply for an order discharging the order on the grounds that these orders were wrongly granted, and for an order that the claimant should pay damages pursuant to its undertaking in damages to any Vitol party which has suffered loss pursuant to the orders. Judges: Mr Justice Cresswell Citations: [2006] EWHC 1712 … Continue reading Kensington International Ltd and Another v Republic of the Congo: ComC 26 May 2006
ECJ Appeals – Competition – Cartels – Synthetic lysine market – Fines – Guidelines on the method of setting fines – Non-retroactivity – Non bis in idem principle – Equal treatment – Turnover which may be taken into account.‘the principle of ne bis in idem prohibits the same person from being sanctioned more than once … Continue reading Archer Daniels Midland and Another v Commission (Competition): ECJ 18 May 2006
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 defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
The court considered the valuation of minority shares in an order for their purchase: ‘Shares are generally ordered to be purchased on the basis of their valuation on a non-discounted basis where the party against whom the order is made has acted in breach of the obligation of good faith applicable to the parties’ relationship … Continue reading Strahan v Wilcock: CA 19 Jan 2006
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04: ECJ 13 Jul 2006
On notice hearing with regard to without notice receivership order. Judges: Gloster DBE J Citations: [2011] EWHC 409 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants who … Continue reading Masri and Another v Consolidated Contractors International Co Sal and Others: ComC 3 Mar 2011
Mrs Cox sought to declarations as to the effect of arrangements made on her divorce in an attempt to avoid contentious proceedings. The couple held equal shares in the family business, but the company registers were missing or had never existed. The husband claimed that the arrangements were provisional pending valuations of the assets. The … Continue reading Cox v Cox and Skan Dansk Design Limited: ChD 27 Apr 2006
The court held a case management conference with regard to an intended application for committal for contempt of one of the defendants. Judges: David Steel J Citations: [2010] EWHC 2640 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – … Continue reading Masri v Consolidated Contractors International Company Sal: ComC 21 Oct 2010
The applicant, and judgment creditor sought orders for committal for contempt by the defendant companies and officers after failing to comply with court orders. Judges: Christopher Clarke J Citations: [2011] EWHC 1024 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See … Continue reading Masri v Consolidated Contractors International Company Sal and Others: ComC 5 May 2011
The third respondent sought to strike out an application for his committal for failure to comply with orders made in support of proceedings to enforce a substantial judgment. Judges: Blair J Citations: [2010] EWHC 2458 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 … Continue reading Masri v Consolidated Contractors International Company Sal and Others: ComC 6 Oct 2010
Citations: [2011] EWCA Civ 64 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over … Continue reading Consolidated Contractors International Company Sal and Another v Masri: CA 3 Feb 2011
The court heard matters relating to the recovery by the claimant of $63,000,000. Judges: Tomlinson J Citations: [2008] EWHC 2492 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The … Continue reading Masri v Consolidated Contractors International Company Sal and Another: ComC 21 Oct 2008
Application for an order to prevent some defendants pursuing action in other jurisdictions. Judges: Mackie QC J Citations: [2007] EWHC 1510 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 … Continue reading Masri v Consolidated Contractors International (UK) Ltd and others: ComC 25 May 2007
Application for interpretation of a receivership order. Judges: David Steel J Citations: [2008] EWHC 1159 (Comm), [2008] 1 All ER 305, [2008] 1 CLC 878 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International Company Sal and Another CA 4-Apr-2008 The court was asked whether the Commercial Court had … Continue reading Masri v Consolidated Contractors International Company Sal and Another: ComC 23 May 2008
Judges: Gloster J DBE Citations: [2007] EWHC 3010 (Comm), [2008] ILPr 14, [2008] 1 All ER (Comm) 305 Links: Bailii Statutes: Civil Procedure Rules 71.2 Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA … Continue reading Masri v Consolidated Contractors International Company Sal and Another: ComC 20 Dec 2007
Judgment on quantum. Judges: Gloster J DBE Citations: [2007] EWHC 468 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants who were resident in Greece appealed a decision … Continue reading Masri v Consolidated Contractors International UK Ltd and Another: ComC 14 Mar 2007
Application for further order of payment of costs of action on account. Judges: Filed J Citations: [2008] EWHC 2221 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants … Continue reading Masri v Consolidated Contractors International (UK) Ltd and Another: ComC 17 Jun 2008
Citations: [2006] EWHC 1931 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over … Continue reading Masri v Consolidated Contractors International UK Ltd and Another: ComC 28 Jul 2006
Judges: Cresswell J Citations: [2005] EWHC 944 (Comm) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter … Continue reading Masri v Consolidated Contractors International (UK) Ltd: ComC 17 May 2005
Judges: David Richards J Citations: [2005] EWHC 2990 (Ch), [2006] 3 All ER 755, [2006] 1 WLR 1792 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 … Continue reading T and N Ltd and others v In the Matter of the Insolvency Act 1986 (Conflict of Law): ChD 21 Dec 2005
Citations: [2004] EWHC 2878 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 T and N had exposure to asbestosis claims; these claims were insured by … Continue reading T and N Ltd and Others, Re the Insolvency Act 1986 (Communications): ChD 8 Dec 2004
Judges: David Richards J Citations: [2005] EWHC 2991 (Ch), [2006] Lloyd’s Rep IR 370 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 T and N had … Continue reading T and N Ltd and Others, In the Matter of the Insolvency Act 1986: ChD 21 Dec 2005
The claimant sought the strike out of the defendants pleadings. The first defendant was found to have been responsible for the killing of the deceased. The proceedings had been prolonged by procedural challenges by the defendant. Held: The defendants by their refusals to co-operate with the court had deprived themselves of the right to defend … Continue reading Raja v Van Hoogstraten and others: ChD 12 Jun 2006
Judges: Lawrence Collins J Citations: [2006] EWHC 1919 (Ch) Links: Bailii Statutes: Companies Act 1985 156 Jurisdiction: England and Wales Company, Insolvency, Professional Negligence Updated: 11 September 2022; Ref: scu.244005
The claimants sought to enforce a deed of guarantee. The defendants argued that the claimant had no entitlement to enforce the deed, not being parties to it, and that they would be able to set aside the deed as against the company whose debts they guaranteed. Held: ‘although not all deeds can confer rights on … Continue reading Moody and Another v Condor Insurance Ltd and Another: ChD 3 Feb 2006
Judges: Mackie QC J Citations: [2006] EWHC 1407 (Ch) Links: Bailii Statutes: Companies Act 1985 495 Jurisdiction: England and Wales Company Updated: 04 September 2022; Ref: scu.242574
The claimant had sought a declaration as to the ownership of a patent, and now said that a witness had procured his earlier judgment by perjury. The witness now said that he had formed his statement against a feeling of oppression by the threat of a US lawsuit. Held: The decision in the first proceedings … Continue reading Cinpres Gas Injection Ltd v Melea Ltd: ChD 9 Oct 2006
Judges: Aikens LJ, Smith LJ, Sir Kenneth May P Citations: [2011] EWCA Civ 21 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants who were resident in Greece appealed … Continue reading Consolidated Contractors International Company Sal and Another v Masri: CA 21 Jan 2011
ECJ Opinion – Freedom of movement of persons – Freedom of establishment – Law on controlled foreign companies – Attribution to the parent company of the profits of its subsidiary established in another Member State as those profits arise – Obstacle – Justification – Counteraction of tax avoidance. Judges: Leger AG Citations: [2006] STC 1908, … Continue reading Cadbury Schweppes Overseas Ltd v Commissioners of Inland Revenue: ECJ 2 May 2006
CJEU Effective judicial protection of Community law rights – National rules not providing for self-standing application for annulment of national legislation conflicting with Community law – Right to interim relief. Citations: C-432/05, [2007] EUECJ C-432/05 Links: Bailii Jurisdiction: European Cited by: Opinion – Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services) … Continue reading Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services): ECJ 30 Nov 2006
The liquidator appealed refusal of the court to make liable one director who had unknowingly allowed company funds to be loaned unlawfully to a co-director. Held: The section imposed liability on one director for unlawful arrangements made by another. ‘If annual accounts are approved which do not comply with the requirements of the Act, every … Continue reading Neville (As Administrator of Unigreg Ltd) and Another v Krikorian and others: CA 4 Jul 2006
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
Citations: [2006] EWHC 584 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Citing: Cited – Re A company, ex parte Kremer 1989 Hoffmann J said: ‘Counsel for the petitioner said the petition made allegations of mismanagement and misappropriation of funds by improper payments against the respondent and that, if these were … Continue reading Bee Tee Alarms, Re: ChD 10 Mar 2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – … Continue reading Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006
Appeal from order with regard to management of receivership. Judges: Mummery LJ, Rimer LJ, Sullivan LJ Citations: [2009] EWCA Civ 36, [2009] 1 CLC 82 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) … Continue reading Masri v Consolidated Contractors (Oil and Gas) Company Sal: CA 6 Feb 2009
The creditors sought leave to appeal against orders made in the course of proceedings to recover a very substantial debt from a foreign resident company. Judges: Collins LJ, Goldring LJ Citations: [2008] EWCA Civ 1367 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . … Continue reading Masri v Consolidated Contractors International Co Sal and others: CA 13 Nov 2008
The judgment creditor appealed an order refusing to oblige the defendant company to attend court and provide information about its means. Judges: Sir Anthony Clarke MR, Longmore LJ, Lawrence Collins LJ Citations: [2008] EWCA Civ 876, [2008] CP Rep 42, [2009] ILPr 9, [2009] 2 WLR 699, [2008] 2 CLC 126, [2008] BPIR 1524, [2009] … Continue reading Masri v Consolidated Contractors International Company Sal and others: CA 28 Jul 2008
The claimants sought payment for water damage under their policies. The insurer alleged non-disclosure. The judge had found the claimants to be honest, and criticised the defendants witnesses. The claimants had been involved in companies which had been in insolvent liquidation, but the proposal from did not raise the issue. Was the non-disclosure material? Held: … Continue reading Norwich Union Insurance Ltd v Meisels and Another: QBD 9 Nov 2006
Judges: Andrew Smith J Citations: [2006] EWHC 916 (QB) Links: Bailii Statutes: Evidence (Proceedings in Other Jurisdictions) Act, 1975 Jurisdiction: England and Wales Litigation Practice Updated: 15 July 2022; Ref: scu.241786
The court was asked whether the Commercial Court had international jurisdiction to make an order for the appointment of a receiver by way of equitable execution, and a freezing order, in relation to the judgment debtors’ interest in the concession and the revenues which they may earn from it. It also involves the purely English … Continue reading Masri v Consolidated Contractors International Company Sal and Another: CA 4 Apr 2008
Judges: Tuckey, Longmore, Lloyd LJJ Citations: [2007] EWCA Civ 688 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA 24-Oct-2005 The defendants who were resident in Greece appealed a decision that the … Continue reading Masri v Consolidated Contractors International Company Sal and Another: CA 11 Jul 2007
The court considered what would amount to similarity beween two trade mark signs. Held: So far as concerns the assessment of similarity, what must be concentrated on is the perception of the relevant public. As to a complex mark, that the extent of the distinctiveness of an element of a complex mark will be a … Continue reading L’Oreal SA v OHIM, Revlon (Switzerland) SA intervening: ECJ 27 Apr 2006
Application to continue a freezing injunction. Held: The order should continue. The defendant companies were registered in countries where enforcement would be more difficult, one of the defendants was a single purpose vehicle,and there was evidence of real funding difficulties. The defendant companies were: ‘companies outside of the jurisdiction; where they have the ability to … Continue reading Chorus Group v Berner (BVI) Ltd and Another: TCC 1 Nov 2006
Judges: Tucke, Carnwath, Neuberger LJJ Citations: [2006] EWCA Civ 1720, [2007] Bus LR 589 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: Cited – In re Clark (a bankrupt); ex parte the Trustee v Texaco Ltd ChD 1975 Walton J restated the rule in In re James: ‘the rule provides that where … Continue reading Getliffe and Another, Re Lune Metal Products Ltd: CA 14 Dec 2006
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006
Section 651 was broad enough to enable the court to order that the costs of having the dissolution of a company declared void be treated as an expense in the winding-up, notwithstanding the decision of the House of Lords in Re Toshoku Finance UK plc [2002] 1 WLR 671 that Rule 4.218 contained an exhaustive … Continue reading Unadkat and Co (Accountants) Ltd v Bhardwaj and Another: ChD 11 Oct 2006
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006
When it became clear that the company would be financially overwhelmed by asbestos related claims, a voluntary scheme of arrangement was proposed under s425. The House was now asked whether the right to re-imbursement of the company’s lawyers after the appointment of the administrators had a statutory priority over other costs of the administration, the … Continue reading Freakley and others v Centre Reinsurance International Company and others: HL 11 Oct 2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
EAT Was there a transfer of an undertaking when company A acquired the shares in company B and then ran it so as to facilitate the interrelationship of the two companies to their mutual benefit? The Employment Tribunal held that there was; there was more than a simple share sale. The new controllers had effectively … Continue reading The Print Factory (London) 1991 Ltd v Millam: EAT 1 Aug 2006
The inspector had sought additional information from the company with respect to its tax returns, believing that the company had not provided sufficient information about the earnings of foreign controlled companies. They now challenged the ability of the commissioners, upheld at first instance to rule on a question of law. Held: Schedule 33 contained no … Continue reading HM Revenue and Customs v Vodafone 2: CA 28 Jul 2006
The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in Sudan, now appealed an order that they provide security for costs, seeking to adduce additional evidence of their means. … Continue reading Al-Koronky and Another v Time-Life Entertainment Group Ltd and Another: CA 28 Jul 2006