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 company was said to have paid dividends unlawfully, in that the directors who were the shareholders had paid themselves dividends knowing that the company had not earned enough to pay them.
Held: Where shareholders had knowledge of the . .
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
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
The defendant company directors were accused of having paid dividends to themselves when the company was in fact making a loss. Held: A claim might lie, but the pleadings did not phrase it adequately, and an amendment would be improper. Though payments had been made at a time when the company ws making losses, a … Continue reading It’s A Wrap (UK) Ltd v Gula and Another: ChD 16 Sep 2005
(Grand Chamber) Principle of judicial protection National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law Procedural autonomy Principles of equivalence and effectiveness Interim protection. ‘it is for the national courts to interpret the procedural rules governing actions brought before them, such as the requirement for … Continue reading Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services): ECJ 13 Mar 2007
Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986 The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the Claimant’s employer) went into administration and a stay was imposed on the proceedings under paragraph 43(6) Schedule B1 Insolvency Act … Continue reading Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article 3 and 8 rights. One of his complaints was as to interference with his correspondence. Held: … Continue reading Herczegfalvy v Austria: ECHR 24 Sep 1992
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
Miss Trittin left her share certificates with a broker. A forged transfer together with the certificates, was lodged with and with registered by the company. The new certificates certified that the named person as registered holder. He then sold them to innocent purchasers who in turn lodged transfers and certificates and obtained certificates in their … Continue reading Re The Bahia and San Francisco Railway Co Ltd v Trittin and others: CA 1868
Trial of liability issues in an ‘unfair prejudice’ petition under section 994 of the Companies Act 2006 brought by Mr Flanagan in relation to the affairs of a limited liability partnershipHenderson J said: ‘Although it makes good sense in many contexts to talk of the ‘share’ or ‘interest’ of a member in an LLP, and … Continue reading Flanagan v Liontrust Investment Partners Llp and Others: ChD 24 Jul 2015
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010
The taxpayers had set up trusts which they said were based in Mauritius allowing them to claim double taxation relief. The Revenue had issued closure notices, confirmed by the SPCT, but overturned by the High Court. The Revenue appealed, saying that the trust was resident in the UK. Held: The appeal suceeded (Patten LJ dissenting … Continue reading Revenue and Customs v Smallwood and Another: CA 8 Jul 2010
The defendant appealed against his conviction under the 2000 Act for failing to disclose the key used to encrypt a computer file. He was subject to a control order as a suspected terrorist. As the police raided his house, they found the key had been half entered. He said that the requirement to disclose the … Continue reading Regina v S and A: CACD 9 Oct 2008
Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999
The court considered the propriety of a payment made by a charitable company to a director for her loss of office. The charity was to transfer a substantial sum to a new charity headed by the departing director.
Held: The court approved the . .
Application for the court sanction of a scheme of arrangement under Part 26 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 . .