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Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

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

County Leasing Asset Management Ltd and Others v Hawkes: CA 4 Dec 2015

The court was asked as to the principles applicable to the court’s discretion, when making an order for the restoration to the register of a dissolved company, to order that the running of time for the bringing of claims by the company for the purposes of the Limitation Act 1980 should be suspended during all … Continue reading County Leasing Asset Management Ltd and Others v Hawkes: CA 4 Dec 2015

Peaktone Ltd v Joddrell: CA 26 Jul 2012

The court was asked whether an order made pursuant to section 1029 of the 2006 Act has the effect of retrospectively validating an action purportedly commenced against a company during the period of its dissolution. Held: It did. Etherton, Munby, Lewison LJJ [2012] EWCA Civ 1035 Bailii Companies Act 2006 103(2)(1) England and Wales Company … Continue reading Peaktone Ltd v Joddrell: CA 26 Jul 2012

Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Abdul Fattah Sulaiman Khaled Al Bader; Hassan Ali Hassan Qabazard; Timothy St John Stafford and H Clarkson and Company Limited; Hugh O’Neill Mccoy; Kuwait Petroleum Corporation and Sheikh Ali Kh: CA 18 May 2000

References: Times 30-May-00, Gazette 08-Jun-00, [2000] 2 All ER Comm 271, [2000] EWCA Civ 160 Links: Bailii Coram: Nourse LJ The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil … Continue reading Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Abdul Fattah Sulaiman Khaled Al Bader; Hassan Ali Hassan Qabazard; Timothy St John Stafford and H Clarkson and Company Limited; Hugh O’Neill Mccoy; Kuwait Petroleum Corporation and Sheikh Ali Kh: CA 18 May 2000