Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
ECJ (Opinion of Geelhoed AG) Interpretation of Articles 43 and 56 EC and Articles 4(1) and 6 of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent . .
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Judges: HHJ Paul Matthews Citations: [2021] EWHC 817 (Ch) Links: Bailii Statutes: Companies Act 2006 117 Jurisdiction: England and Wales Citing: See Also – Sir Henry Royce Memorial Foundation v Hardy ChD 26-Mar-2021 Claim under CPR Part 8 between a company limited by guarantee and registered charity (the claimant) and one of its members (the … Continue reading Sir Henry Royce Memorial Foundation v Hardy: ChD 1 Apr 2021
The Court gave guidance on what was a proper purpose within section 117 of the 2006 Act for making a request to inspect the register of company members. Held: A member seeking a copy of the share register in order to communicate with fellow members, should show that the communication if it was to be … Continue reading Burry and Knight Ltd and Another v Knight: CA 14 May 2014
The company resisted an application for release of a copy of the register of members to the respondent. The company, long established was under a duty to trace Held: The request was invalid in form and had been for an improper purpose. Judges: Registrar Briggs Citations: [2015] EWHC 222 (Ch) Links: Bailii Statutes: Companies Act … Continue reading Burberry Group Plc v Fox-Davies: ChD 9 Feb 2015
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The Petitioner sought an interim order restraining the Respondents until trial of its petition under s.994 of the Companies Act 2006 from paying out the sum of pounds 500,000, currently held in a solicitors’ client account, to any of the Respondents other than the First Respondent. It also seeks a further order preventing the First … Continue reading Homes of England Ltd v Horsham Holdings Ltd and Others: ChD 4 May 2020
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
Unfair prejudice petition Judges: Arden, Aikens, Kitchin LJJ Citations: [2012] EWCA Civ 998, [2012] WLR(D) 220, [2013] Bus LR 753, [2013] BCC 98, [2013] 2 BCLC 567 Links: Bailii, WLRD Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 04 October 2022; Ref: scu.462972
EAT VICTIMISATION DISCRIMINATION SEX DISCRIMINATION – Burden of Proof Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought sex discrimination proceedings against employers – Claim decided by the Tribunal on basis of the ‘reverse burden of proof’ provisions of s. 63A of Sex Discrimination Act … Continue reading Pothecary Witham Weld (A Firm) and Another v Bullimore and Another: EAT 29 Mar 2010
Citations: [2010] ScotCS CSIH – 6, 2010 SLT 459, GWD 7-117, 2010 SCLR 167, 2010 SC 349 Links: Bailii Statutes: Companies Act 2006 896 899 Jurisdiction: Scotland Cited by: See Also – The Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others SCS 28-Apr-2010 . .See Also – Scottish Lion Insurance Company Ltd v … Continue reading Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others: SCS 29 Jan 2010
The claimant had made a complaint of race discrimination. The complaint was dismissed. Some time later the company dismissed him, and he again lodged a complaint. The tribunal found him unfairly dismissed, but again not discriminated against. Held: The Tribunal had been wrong to ignore any motive for the action taken. When it found no … Continue reading Madden v Preferred Technical Group CHA Limited, Guest: CA 27 Aug 2004
Judges: Purle QC HHJ Citations: [2008] EWHC 1117 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 05 June 2022; Ref: scu.396456
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
