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
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
Citations: [2006] EWHC 406 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Company Updated: 01 July 2022; Ref: scu.239116
[2013] ScotCS CSOH – 116 Bailii Scotland Updated: 15 November 2021; Ref: scu.512293
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Company’s appeal from order directing release of shareholder list for tracing of lost shareholders. Judges: Longmore, David Richards LJJ, Sir Patrick Elias Citations: [2017] EWCA Civ 1129 Links: Bailii Statutes: Companies Act 2006 116 Jurisdiction: England and Wales Company Updated: 13 April 2022; Ref: scu.591183
Claim under CPR Part 8 between a company limited by guarantee and registered charity (the claimant) and one of its members (the defendant), for orders under section 117 of the Companies Act 2006, relating to a request made by the defendant of the claimant under section 116 of that Act for access to the register … Continue reading Sir Henry Royce Memorial Foundation v Hardy: ChD 26 Mar 2021
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012
ECJ Judicial protection – Principle of effectiveness – Principles of legal certainty and the protection of legitimate expectations – Restitution of sums paid but not due – Remedies – National legislation – Curtailment of the limitation period for the applicable remedies without notice and retroactively Judges: M Ilesic P Citations: [2013] EUECJ C-362/12, C-362/12, [2014] … Continue reading Test Claimants In The FII Group Litigation v Commissioners of Inland Revenue: ECJ 12 Dec 2013
(New Zealand) The New Zealand statute required a holder of specified investments to give notice of its holding to a regulator as soon as it became aware of its holding. Unbeknown to any others in the company apart from one colleague, its chief investment officer improperly acquired such investments on the company’s behalf. The former … Continue reading Meridian Global Funds Management Asia Ltd v Securities Commission: PC 26 Jun 1995
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
‘application by DTEK Finance B.V (‘DTEK’) for an order under s 899 of the CA 2006 sanctioning a proposed scheme of arrangement between DTEK and holders of the 2015 Notes (as defined below) (the ‘Scheme Creditors’), (the ‘Scheme’). It is to implement a financial restructuring of DTEK which has run into financial difficulties and is … Continue reading Re DTEK Finance Bv: ChD 28 Apr 2015
ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient reproductions – Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of … Continue reading Infopaq International v Danske Dagblades Forening: ECJ 17 Jul 2009
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010
The right of members of a company to inspect the current register of members under section 116 of the Companies Act 2006. . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
