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 court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients of the tort of negligence . . are established, the claimants are … Continue reading In re T and N Ltd and Others, Re Insolvency Act 1986: ChD 14 Dec 2005
The standard building contract allowed a contractor to take plant and equipment from a site and sell it in payment of sums due under the contract, upon the other contractor becoming insolvent. It was said that this power amounted to a charge over the company’s assets, and should have registered at Companies House. Upon entering … Continue reading Smith (Administrator of Cosslett (Contractors) Limited) v Bridgend County Borough Council; In re Cosslett (Contractors) Ltd: HL 8 Nov 2001
The court considered the application of ‘the bankruptcy template of section 382 to the rules governing the winding up of companies’. Held: The phrase ‘obligation incurred’ in Rule 13.2(1)(b) was inapt to describe a common law duty of care in negligence which existed on and was breached by a company before liquidation, but where actionable … Continue reading In re T and N Ltd and Others (No 3): ChD 16 Jun 2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006
Application by the claimant for permission to amend his Particulars of Claim to plead a new claim.
Held: Warren J pointed out that there are many cases in which some directors, acting in accordance with section 172, would think it worthwhile . .
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The Court considered a Director’s duty to act in the interests of his company’s creditors. The Directors were said to have paid out an excessive dividend to put assets beyond the reach of its creditors. Judges: Longmore, David Richards, Henderson LJJ Citations: [2019] EWCA Civ 112, [2019] 2 All ER (Comm) 13, [2019] BCC 631, … Continue reading BTI 2014 Llc v Sequana SA and Others: CA 6 Feb 2019
Action alleging breach of shareholders’ agreement. Held: Directors may have genuine and proper differences of opinion as to the correctness of making a section 172 claim. Judges: William Trower QC Citations: [2008] EWHC 1534 (Ch), [2009] 1 BCLC 1, [2009] Bus LR D14, [2008] BCC 885 Links: Bailii Statutes: Companies Act 2006 172 Jurisdiction: England … Continue reading Franbar Holdings Ltd v Patel and others: ChD 2 Jul 2008
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates. Held: The court dismissed the application: ‘First, the fact that there is, in accordance with my … Continue reading Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012
The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were fought, the court which tried it would have to assess what those chances were. But … Continue reading Allen v Sir Alfred McAlpine and Sons Ltd: CA 1968
Judges: Lord Neuberger MR, Toulson, Lewison LJJ Citations: [2012] EWCA Civ 864 Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company, Litigation Practice Updated: 03 November 2022; Ref: scu.461729
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
New CPR govern Indemnity Costs awards The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of moral condemnation was required. The defendant had made … Continue reading Reid Minty (a firm) v Taylor: CA 2002
The bank had been put into administrative receivership, and the court was now asked as to how distributions were to be made, and in particular as to the application of the equitable rule in Cherry v Boultbee in the rule against double proof as it applies in situations involving guarantees and other sureties. Held: The … Continue reading In re Kaupthing Singer and Friedlander Ltd: SC 19 Oct 2011
Exercise of Discretion to hear Late Appeals Excise Duty – assessment to duty and wrongdoing penalty – application for permission to make late appeal – test to be applied – appeal dismissedThe tribunal discussed the jurisdiction of the First Tier Tribunal to allow an appeal to be made after the statutory time limit: ‘In deciding … Continue reading Martland v The Commissioners for HM Revenue and Customs (Tax): UTTC 1 Jun 2018
The British law which meant that non-resident parent companies of British based businesses were not able to recover interest on payments of advance corporation tax, was discriminatory against other European based companies. Accordingly the law was . .
