References: [1985] AC 104 Coram: Lord Brandon, Lord Bridge The house decided against altering the rule in Page -v- Newman. ‘The common law does not award general damages for delay in payment of a debt beyond the date when it is contractually due’ The power given to the court under s 35A is discretionary. It … Continue reading President of India v La Pintada Compagnia Navigacia SA (‘La Pintada’): HL 1985
The respondents were the liquidators of a company which the appellant bank climbed old substantial monies. The insolvent company had several subsidiaries and sub-subsidiaries, holding further assets. The respondent first sought an order requiring the production of certain documents to assist with the liquidation. Those orders were discharged after compromise agreements. The respondent then sought … Continue reading Re Esal (Commodities) Ltd: CA 30 May 1988
Judges: Justice Jonathan Parker Citations: [2000] EWHC 1561 (Ch), [2000] 2 BCLC 321, [2001] BCC 692 Links: Bailii Statutes: Companies Act 1985 459(1) 461 Jurisdiction: England and Wales Insolvency, Company Updated: 13 July 2022; Ref: scu.329574
18 schemes of arrangement for approval under the terms of s.425 of the Companies Act 1985. Lewison J [2005] EWHC 2092 (Ch) Bailii England and Wales Company, Insolvency Updated: 12 January 2022; Ref: scu.561097
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
