Sanction had been sought for a scheme of arrangement on the winding up of an insurance company. There were objections. The original scheme had been proposed under English law, and it would be inappropriate for a Scottish court to try to sanction such an arrangement. Payment of et fess of Engliah lawyers was sought. Held: … Continue reading The Scottish Lion Insurance Company Ltd, Re Sanction of A Scheme of Arrangement: SCS 8 Mar 2006
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence. Held: Though such an order would be exceptional, sufficient grounds had been shown in this case. Judges: Morison J Citations: [2006] EWHC … Continue reading Kensington International Ltd v Republic of Congo and Another: ComC 20 Jul 2006
The defendants sought judicial review of decisions by magistrates to substitute out of time properly named companies as defendants in cases under the 1990 Act. Held: The court had repeated the error made in the Marco case, by substituting as a defendant a party not before the court. The effect of the district judge’s decision … Continue reading Sainsbury’s Supermarkets Ltd v HM Courts Service (South West Region, Devon and Cornwall Area) and others: Admn 14 Jun 2006
JB challenged his detention under the 1983 Act. Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee. Judges: Auld LJ, Scott Baker LJ, neuberger LJ Citations: [2006] EWCA Civ 961, [2006] HRLR 40 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – T-Mobile … Continue reading JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock: CA 11 Jul 2006
SCIT CONSTRUCTION INDUSTRY CERTIFICATES – Preliminary issue being an appeal against Assessments under Regulation 14 of IT (Sub-contractors in the Construction Industry) Regs 1993 SI 1993/743 – Appeal dependent on whether Appellant’s contract for the supply of workers to it was a contract simply with one counter-party sub-contractor (which held a CIS 6 Certificate) or … Continue reading London Recruitment Services Ltd v Revenue Customs: SCIT 7 Jun 2006
The taxpayer operated a substantial loyalty reward scheme (Nectar) for assorted companies. The Revenue appealed against an order allowing the company to reclaim input VAT. The court was asked now: ‘what is the proper characteristic, for VAT purposes, of the payment made by LMUK to those other suppliers; is it a payment for a redemption … Continue reading Revenue and Customs v Loyalty Management UK Ltd: ChD 22 Jun 2006
The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia. Held: It was inevitable that cross border insolvency arrangements would cause difficulty, and particularly so for insurance companies. Such a transfer would prejudice … Continue reading McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others: CA 9 Jun 2006
Citations: [2006] EWCA Civ 432 Links: Bailii Statutes: Companies Act 1985 425 Jurisdiction: England and Wales Company Updated: 06 July 2022; Ref: scu.241397
Judges: The Honourable Mr Justice David Richards Citations: [2006] 3 All ER 755, [2006] 1 WLR 1792, [2006] EWHC 842 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and … Continue reading In the Matter of T and N Limited and others: ChD 12 Apr 2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
VDT ASSESSMENT – Disallowed input tax – Cut, make and trim – Whether Appellant using sub-contractors – No evidence of work being carried out at alleged sub-contracting companies’ premises – Whether Respondents considered exercising discretion to allow claim – Appeal dismissed Citations: [2006] UKVAT V19550 Links: Bailii VAT Updated: 06 July 2022; Ref: scu.241872
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
(The British Virgin Islands) The defendants appealed against convictions for theft and misconduct. Being civil servants they had entered in to contract with companies in which they had interests. Judges: Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Carswell, Lord Mance Citations: [2006] UKPC 24 Links: Bailii Citing: Cited – Nutton v Wilson 1889 … Continue reading Wheatley and Another v The Commissioner of Police of the British Virgin Islands: PC 4 May 2006
Judges: Sir Frances Ferris Citations: [2006] EWHC 832 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Company Updated: 05 July 2022; Ref: scu.240439
EAT The claimant had worked as an adviser for the respondent identifying investment opportunities. He said he had been unfairly dismissed after disclosing that the company had overpaid for an investment. He now appealed against a finding that any disclosures were not made in good faith and were not qualifying disclosures. Though his dismissal had … Continue reading Bachnak v Emerging Markets Partnership (Europe) Ltd: EAT 27 Jan 2006
Judges: Rix, Maurice Kay LJJ, Sir Martin Nourse Citations: [2006] EWCA Civ 203, [2007] Bus LR 813 Links: Bailii Statutes: The Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – In re Nortel Companies and Others SC 24-Jul-2013 The court was asked as to the interrelationship of the statutory schemes relating to the … Continue reading Exeter City Council v Bairstow and others; Re Trident Fashions plc: CA 10 Mar 2006
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006
The company sought to say that loans of 15 million pounds were void under s151 of the 1985 Act. It was said that the loans infringed the provisions of s151 being unlawful financial assistance. Held: The loans were valid: ‘if it is lawful for a company to repay its own indebtedness and there is a … Continue reading Anglo Petroleum Ltd v TFB (Mortgages) Ltd: ChD 24 Feb 2006
Citations: [2006] EWHC 183 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Company Updated: 05 July 2022; Ref: scu.238681
The defendant solicitors were being sued for professional negligence. The claimants had taken legal advice after termination of the retainer which led to the present action, and sought to rely upon part of counsel’s opinion. The defendants sought full disclosure of the papers relating to the advice. Held: The court would order further limited disclosure … Continue reading Fulham Leisure Holdings Ltd v Nicholson Graham and Jones: ChD 14 Feb 2006
Under s247 of the 1988 Act, a company paying dividends to a parent company need not withhold ACT. This option was not offered where either subsidiary or parent was not UK resident until the decision in Hoechst which found the restriction contrary to European law. The Revenue now appealed a decision allowing recovery of the … Continue reading Pirelli Cable Holding Nv and others v Inland Revenue: HL 8 Feb 2006
The claimant companies had paid corporation tax under rules which had later been found to be discriminatory. They now sought repayment by virtue of double taxation agreements with the countries in which the parent companies were based. Held: The double agreements required the taxation provisions should not treat worse ‘other similar enterprises of that first-mentioned … Continue reading Boake Allen Ltd and others v HM Revenue and Customs: CA 31 Jan 2006
ECJ Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 -? Likelihood of confusion – Word mark PICARO – Opposition by the proprietor of the Community word mark PICASSO.Adopting Sabel’s requirement that there should be a global appreciation of the visual, aural or conceptual similarities of the marks in question, the … Continue reading Ruiz-Picasso and Others v OHIM and DaimlerChrysler AG: ECJ 12 Jan 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 defendants who were resident in Greece appealed a decision that the English court had jurisdiction over them, by virtue of a close connection of the matter with earlier proceedings heard here. Held: The fact that the defendants were all defendants in the earlier proeedings was what mattered. That these were new proceedings did not … Continue reading Masri v Consolidated Contractors International (UK) Ltd: CA 24 Oct 2005
Complaint of unfairly prejudicial conduct of management of a company. Judges: Mann J Citations: [2006] EWHC 364 (Ch), [2007] 1 BCLC 520 Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Cited by: Cited – Kohli v Lit and Others ChD 13-Nov-2009 The claimant asserted that the other shareholders had acted in a … Continue reading Hale v Waldock: re Metropolis Motorcycles Ltd: ChD 6 Mar 2006
Judges: Lightman J Citations: [2006] EWHC 299 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000 Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal … Continue reading Eastaway v Secretary of State for Trade and Industry and similar: ChD 2 Mar 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
Judges: Warren J Citations: [2006] EWHC 1335 (Ch) Links: Bailii Statutes: Companies Act 1985 425 Jurisdiction: England and Wales Company Updated: 01 July 2022; Ref: scu.242577
The court had made an order for the purchase of a minority shareholding after finding prejudicial behaviour by the majority. It now considered valuation of the shares in a 49.96% shareholding. The question was whether the valuation should be discounted to reflect the fact that they were part of a minority shareholding. Held: It was … Continue reading Irvine and others v Irvine and Another: ChD 23 Mar 2006
The claimants had applied for the winding up of a company for very substantial sums of VAT due to it. Anticipating that hearing, it now sought restraining orders against the director defendants, alleging that there had been a carousel or missing trader fraud. The defendants said that the interim frezing orders made had been without … Continue reading HM Revenue and Customs v Egleton and others: ChD 19 Sep 2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled. Held: The claimant’s expert survey evidence was defective in several ways, but even so there was no evidence of confusion under the … Continue reading L’Oreal Sa and others v Bellure NV and others: ChD 4 Oct 2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006
Niru contracted to buy lead from Milestone, to be paid for in a letter of credit, against certifying documents produced for the purpose. Mr Mahdavi, the individual behind Milestone, procured CAI to finance the acquisition of warrants to be retained by them as security for repayment of their loan by, ultimately, the purchase price payable … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 28 Apr 2004
Legislation had been enacted to tax under Schedule E, people employed through one man service companies and similar. Representatives of such taxpayers sought review of the legislation as incompatible with European law being a hindrance to the freedom of movement of workers and also state aid. The law set to catch those who would be … Continue reading Professional Contractors’ Group and Others v Commissioners of Inland Revenue: CA 21 Dec 2001
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
Judges: David Richards J Citations: [2006] EWHC 2110 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 8, Companies Act 1985 437 Jurisdiction: England and Wales Company Updated: 02 June 2022; Ref: scu.244233
The claimant sought an order with regard to its costs in an anticipated application to the court. The application was refused. Requests in a public interest action for an advance order for costs could only be awarded in very exceptional circumstances. The discretion to make a PCO should be exercised in a case involving a … Continue reading Regina v Lord Chancellor’s Department ex parte Child Poverty Action Group: Admn 6 Feb 1998
Michael Briggs QC summarised the approach to be adopted by the court at the hearing of for the appointment of an interim liquidator pending the hearing of an insolvency petition brought by the Revenue: ‘Although the formulations of the approach to be adopted by the Court differ slightly, their effect is substantially the same and … Continue reading Re Autotech Design Ltd, HMRC v Autotech Design Ltd: ChD 2006
The claimant had sought an extension of time for registration of his charge over the company’s assets. The judge granted the request but delayed its implementation for 14 days to allow the company or other creditors to object. Companies House practice was to register the charge upon receipt of such an order, but not to … Continue reading Ali v Top Marques Car Rental Ltd and Others: ChD 3 Feb 2006
The Claimant sought a declaration that it remains entitled to a legal mortgage of leasehold property following the dissolution of the mortgagor, Buzzlines Coaches Limited. Judges: His Honour Judge Halliwell sitting as a Judge of the High Court Citations: [2020] EWHC 3027 (Ch) Links: Bailii Statutes: Companies Act 2006 1017 Jurisdiction: England and Wales Company, … Continue reading Mistral Asset Finance Ltd v Registrar of Companies and Another: ChD 12 Nov 2020
Judges: Blackburne J Citations: [2006] EWHC 1875 (Ch) Links: Bailii Statutes: Companies Act 1985 459 Jurisdiction: England and Wales Company Updated: 03 April 2022; Ref: scu.245027
Application to amend unfair prejudice petition Judges: Rose J Citations: [2015] EWHC 3895 (Ch), [2017] EWHC B19 (Ch) Links: Bailii, Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company, Litigation Practice Updated: 30 March 2022; Ref: scu.594997
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. Having settled the claim in part the defendants now claimed contributions from directors of the … Continue reading Charter Plc and Another v City Index Ltd and others: ChD 12 Oct 2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Derivative claim on behalf of the company under section 261 of the Companies Act 2006 against the first defendant, a director of the second defendant, for breach of director’s duty, breach of fiduciary duty and breach of trust. The claimant sought orders for damages, an account, further or other relief and costs. The claimant also … Continue reading Re Singh Brothers Contractors (North West) Ltd: ChD 27 Jun 2013
The claimant said that he had contributed to the copyright in the song ‘A Whiter Shade of Pale’ but had been denied royalties. He had played the organ and particularly the organ solo which had contrbuted significantly to the fame of the record. Held: A fair trial remained possible despite the passage of time. There … Continue reading Fisher v Brooker and Another: ChD 20 Dec 2006
Preliminary judgment. Park J [2006] EWHC 811 (Ch), 8 ITL Rep 1012, [2006] BTC 346, [2006] 3 CMLR 8, [2006] STC 1235, [2006] STI 1352 Bailii Income and Corporation Taxes Act 1988 England and Wales Citing: See Also – Marks and Spencer Plc v Halsey (Inspector of Taxes) 2003 Marks and Spencer Plc appealed against … Continue reading Marks and Spencer Plc v Halsey (HM Inspector of Taxes): ChD 10 Apr 2006
The court considered the implementation of the ECJ decision between the parties. Held: The matter was to be remitted to the Special Commissioners. The ‘no possibilities’ test referred to in the ECJ’s judgment required an analysis of the recognised possibilities legally available given the objective facts of the company’s situation at the relevant time, and … Continue reading Marks and Spencer plc v Halsey (Inspector of Taxes): ChD 10 Apr 2006
The claimant sought damages in negligence and breach of statutory duty, saying that a failure by the defendants to maintain the correctness of its registers led to losses causing the insolvency of his company. The defendant had filed a note of a winding up order against the wrong (but similarly named) company. Held: ‘the Registrar … Continue reading Sebry v Companies House and Another: QBD 26 Jan 2015
T and N had exposure to asbestosis claims; these claims were insured by Lloyd’s but on terms that if payments were to be made, T and N should make certain reimbursements to Lloyd’s. T and N then insured with a captive company known as Curzon their liability to make such reimbursements. Lloyd’s called on T … Continue reading T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others: ChD 9 May 2003
The tax payer played tennis and was paid sums for when he played in England. The sums were paid to his overseas based company. Held: The revenue’s appeal succeeded. The ‘legislative intendment in relation to sections 555 and 556, and their statutory predecessors in the 1986 Act, was that foreign entertainers and sportsmen who, or … Continue reading Agassi v Her Majesty’s Inspector of Taxes: HL 17 May 2006
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
Mobile phone companies brought claims of passing off and trade mark infringement by the defendant who had registered internet domain names in the same year as the claimants first registered their own names. The defendant appealed a finding that at the time he had begun his operation, the claimants had established any goodwill in the … Continue reading Phones4U Ltd and Another v Phone4u.Co.UK and others: CA 19 May 2006
VDT VAT – mail order companies – whether change in terms of trading conditions resulted in their continuing to make gifts of catalogues either at common law – yes – if not, did ownership pass when sent out pursuant to contract – yes – if not, did ownership of the catalogues pass when sent out … Continue reading Redcats (Brands) Ltd v Revenue and Customs: VDT 26 May 2006
ECJ Freedom of movement for persons – Freedom of establishment – Law on controlled foreign companies – Attribution to the parent company of the profits of its subsidiary established in another Member State as those profits arise – Obstacle – Justification – Counteraction of tax avoidance Leger AG [2006] 3 WLR 890, [2007] Ch 30, … Continue reading Cadbury Schweppes Overseas Ltd v Commissioners of Inland Revenue: ECJ 12 Sep 2006
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders. Held: When making a strike-out order, there were two cardinal conditions at least one of which must be met. Either the unreasonable conduct has … Continue reading Blockbuster Entertainment Ltd v James: CA 25 May 2006
The Secretary sought disqualification of the defendants. The second defendant had not been a director of the company, but director of another company which in turn held a directorship in the defaulting company. Held: The claim failed: ‘i) As I have already pointed out the purposes of section 6 of the CDDA and section 214 … Continue reading Secretary of State for Trade and Industry v Hall and Nuttall: ChD 28 Jul 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
The court was asked whether the English court has jurisdiction following judgment to grant an anti-suit injunction against foreign judgment debtors (one of whom has a domicile in a Brussels I Regulation State) restraining them from pursuing proceedings abroad seeking to re-litigate matters which have been decided by the English court. Held: The defendant’s appeal … Continue reading Masri v Consolidated Contractors International Company Sal and Another (No 3): CA 6 Jun 2008
The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not use the law of unjust enrichment. The Department Appealed. Held: The appeal failed. … Continue reading The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010
A Mr Efremovich, a third party to the action was ordered to pay the costs of Petrobras and Brasoil which on the failure of its claim against them had been ordered to be paid by Petromec. The judge found that Mr Efromovich controlled the proceedings brought by Petromec, funded those proceedings and would have benefited … Continue reading Petromec Inc v Petroleo Brasileiro Sa Petrobras: CA 19 Jul 2006
The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs. Held: The customer’s appeal failed. Parliament had laid down a proper procedure and the bank had followed it: ‘if a … Continue reading K Ltd v National Westminster Bank Plc and others: CA 19 Jul 2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006
Husband and wife sold their business, arranging matters so as to avoid paying Capital Gains Tax by transferring their interest between members of a group of companies which was non-resident.
Held: The scheme was effective. The sole real issue . .
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
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 . .
The complainant requested information concerning the government’s reasons for taking no action following the DTI’s investigation into the allegations that British and American Tobacco was involved in smuggling. The information was withheld on the . .
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 . .
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 . .
A claim was made under a marine insurance policy for damage caused to a vessel by an explosion. Underwriters alleged that they were entitled to avoid the policies for (inter alia) non-disclosure of the existence of criminal proceedings in Greece . .
Fraudsters had successfully contrived to sell shares of others, by re-registering the shares to new addresses and requesting new certificates. The question was which of the company, the company registrars and the stockbrokers should bear the loss. . .
A winding up petition was served at an address which was not that of the plaintiff’s registered office, and nobody appeared at the hearing. A winding up order was made against the plaintiff company, which now sued the solicitors who had misserved . .
Application to appoint new liquidators . .
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Application by Virgin Atlantic Airways Limited under s.901C(1) of the Companies Act 2006, for an order summoning meetings of certain of its creditors for the purpose of considering and, if thought fit, approving a compromise or arrangement within . .
Appeal against an order dismissing an application to strike out a petition presented under section 994 of the Companies Act 2006. . .
The right of members of a company to inspect the current register of members under section 116 of the Companies Act 2006. . .
Application seeking an order convening four meetings of scheme creditors of a company called PrimaCom Holdings GmbH to consider and, if sought, approve a scheme of arrangement proposed by the company pursuant to part 26 of the Companies Act 2006. . .
Application for the court sanction of a scheme of arrangement under Part 26 of the Companies Act 2006 . .
Re Edwardian Group Ltd
Claim for relief under sections 994-996 of the Companies Act 2006 on the ground that the affairs of the Company have been and are being conducted in a manner unfairly prejudicial to their interests as members of the . .
Application for orders under section 996 of the Companies Act 2006 on the ground that the affairs of Braid Group (Holdings) Limited (‘BGHL’) have been conducted in a manner that was unfairly prejudicial to the interests of some of its members. The . .
Application by National Car Parks Limited for an order pursuant to section 901C of the Companies Act 2006, convening meetings of certain of its creditors for the purposes of considering and, if thought fit, approving a restructuring plan between the . .
Application by the Company to convene a meeting of creditors of the Company to consider a plan of reorganisation under Part 26A of the Companies Act 2006. . .
‘whether arrangements made between a company and its two employed shareholder/directors with a view to avoiding tax amounted to the allotment of shares at a discount; contrary to section 580 of the Companies Act 2006. There is a subsidiary issue: . .
Judges: Proudman J Citations: [2010] EWHC 577 (Ch), [2010] BCC 463 Links: Bailii Statutes: Companies Act 2006 261 Jurisdiction: England and Wales Company Updated: 09 December 2022; Ref: scu.421582
The applicant sought an order pursuant to section 896 of the Companies Act 2006, convening a meeting of its scheme creditors to consider a scheme of arrangement. Judges: Miles J Citations: [2020] EWHC 1499 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency, Company Updated: 07 December 2022; Ref: scu.652127
Application for injunctive relief Judges: Andrew Lenon QC Citations: [2020] EWHC 1473 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 06 December 2022; Ref: scu.651916
Allegation that the payment of dividends was in breach of Part 23 of the 2006 Act. The direcors had signed the necessary certificate as to solvency before resolving to reduce the company capital and paying a dividend. Held: When making such a statement, the directors were not being asked what would be the position if … Continue reading BTI 2014 Llc v Sequana Sa and Others: ChD 11 Jul 2016
SML sought damages and/or equitable compensation pursuant to section 178(1) of the Companies Act 2006 and an indemnity pursuant to section 195(3)(b) of the 2006 Act against three of its former directors (or in the case of one of them his estate). Citations: [2020] EWHC 1266 (Ch) Links: Bailii Statutes: Companies Act 2006 178(1) 195(3)(b) … Continue reading Stubbins Marketing Ltd v Stubbins Food Partnerships Ltd and Others: ChD 19 May 2020
Application for permission to convene a Court meeting relating to a proposed Scheme of Arrangement pursuant to Part 26 of the Companies Act 2006. The Scheme is a members’ scheme Judges: Mr Justice Birss Citations: [2020] EWHC 1270 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 27 November 2022; Ref: scu.650965
Judges: Mr Justice Trower Citations: [2022] EWHC 1673 (Ch) Links: Bailii Statutes: Companies Act 2006 Jurisdiction: England and Wales Company Updated: 27 November 2022; Ref: scu.683296
Judges: Hodge QC J Citations: [2011] EWHC 2186 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 26 November 2022; Ref: scu.443587
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 for rectification of shares register Judges: HHJ Paul Matthews Citations: [2020] EWHC 1088 (Ch) Links: Bailii Statutes: Companies Act 2006 125 Jurisdiction: England and Wales Company Updated: 25 November 2022; Ref: scu.650770
The Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 of the Companies Act 2006 and a further claim for damages in the High Court, were for the … Continue reading ABC v Shulmans Llp: ComC 25 Sep 2019
Application for a convening hearing in respect of a Scheme of Arrangement proposed by Petroserv Marine (the ‘Company’) pursuant to Part 26 of the Companies Act 2006. Judges: The Honourable Mr Justice Marcus Smith Citations: [2022] EWHC 1667 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 23 November 2022; Ref: scu.682837
Trial, as to liability only, of a Part 7 Claim and an associated Section 994 Petition. Judges: Mr David Halpern KC Sitting as a High Court Judge Citations: [2022] EWHC 2872 (Ch) Links: Bailii Statutes: Companies Act 2006 994 Jurisdiction: England and Wales Company Updated: 23 November 2022; Ref: scu.682843
