Results: 36

• Gomba Holdings (UK) Ltd v Minories Finance Ltd (No 2)

  30 Jan 1992 [1993] Ch 171; [1992] 3 WLR 723; [1992] 4 All ER 588, CA

  Subsequent considerations : 2 neutral; 1 negative. Subsequent citations: 37.
  COSTS — Taxation — Costs on indemnity basis
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  Case index catchwords

  COSTS — Taxation — Costs on indemnity basis — Mortgagee contractually entitled to full indemnity for all costs, charges and expenses — Costs in litigation to be taxed on standard basis — Mortgagor objecting to items in account as being unreasonable — Whether contractual charges to be taxed — Whether basis of taxation for all charges and legal costs to be on indemnity basis — RSC, Ord 62, r 12(2)

  2 Case(s) considered

  1 Statutory Instrument considered

• West Wiltshire District Council v Garland (Cond, Third Party)

  22 Feb 1993 [1993] Ch 409; [1993] 3 WLR 626; [1993] 4 All ER 246, Ch D

  01 Dec 1994 [1995] Ch 297; [1995] 2 WLR 439; [1995] 2 All ER 17; 93 LGR 235, CA

  Subsequent citations: 4.
  NEGLIGENCE — Duty of care to whom? — District auditors
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  Case index catchwords

  NEGLIGENCE — Duty of care to whom? — District auditors — Local authority bringing action against own officers for procuring payments without authority — Officers issuing third party notices claiming indemnity from district auditors for negligent advice during audit — Whether auditors owing duty of care to council or officers — Local Government Finance Act 1982, s 15

  7 Case(s) considered

  1 Statute considered

• Sinclair v Lee

  30 Apr 1993 [1993] Ch 497; [1993] 3 WLR 498; [1993] 3 All ER 926, Ch D

  Subsequent citations: 2.
  TRUSTS — Company — Whether shares capital or income
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  Case index catchwords

  TRUSTS — Company — Whether shares capital or income — Proposal for demerger of company — Shareholders to obtain shares in new company by means of declaration of dividend — Shares held by trustees of settled trust — Whether shares in new company capital or income in hands of trustees

  5 Case(s) considered
• In re Seagull Manufacturing Co Ltd

  30 Apr 1991 [1992] Ch 128; [1991] 3 WLR 307; [1991] 4 All ER 257; [1992] BCLC 1; [1991] BCC 550; The Times, 10 May 1991, Ch D (Mummery J)

  03 Feb 1993 [1993] Ch 345; [1993] 2 WLR 872; [1993] 2 All ER 980; [1993] BCLC 1139; [1993] BCC 241; The Times, 8 February 1993, CA (Lloyd, Hirst LJJ and Peter Gibson J)

  23 May 1994 (pet dis) [1994] 1 WLR 887, HL(E)

  Subsequent considerations : 3 neutral; 2 negative. Subsequent citations: 34.
  INSOLVENCY — Winding up — Inquiry into company's dealings
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  Case index catchwords

  INSOLVENCY — Winding up — Inquiry into company's dealings — British director resident abroad — Power to direct public examination and to order service out of jurisdiction — Insolvency Act 1986, s 133 — Insolvency Rules 1986, r 1212

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• In re Portbase Clothing Ltd

  15 Dec 1992 [1993] Ch 388; [1993] 3 WLR 14; [1993] 3 All ER 829, Ch D

  Subsequent considerations : 2 negative. Subsequent citations: 10.
  COMPANY — Debenture — Floating charge on assets
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  Case index catchwords

  COMPANY — Debenture — Floating charge on assets — Agreement subordinating prior fixed charge to subsequent floating charge — Crystallisation of floating charge prior to liquidation of company — Company's assets insufficient to meet all claims — Priority between preferential creditors and floating chargees — Whether liquidation expenses payable in priority to preferential creditors — Insolvency Act 1986, ss 115, 175(2)(b)

  7 Case(s) considered

  1 Statute considered
• Bishopsgate Investment Management Ltd v Maxwell (Cooper v Maxwell, Mirror Group Newspapers Plc v Maxwell)

  29 Jan 1992 [1993] Ch 1; [1992] 2 WLR 991; [1992] 2 All ER 856, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 48.
  INSOLVENCY — Inquiry into company's dealings — Privilege against self-incrimination
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  Case index catchwords

  INSOLVENCY — Inquiry into company's dealings — Privilege against self-incrimination — Defendant ordered to give information concerning companies' affairs — Defendant acting as director and in fiduciary capacity — Information likely to incriminate defendant — Whether privilege against self-incrimination available — Insolvency Act 1986, ss 235, 236(2)

  6 Case(s) considered

  1 Statute considered
• Wood v Smith

  27 Jun 1990 [1993] Ch 90; [1991] 3 WLR 514; [1991] 2 All ER 939; The Times, 10 July 1990, Ch D (David Gilliland QC)

  20 Feb 1992 [1993] Ch 90; [1992] 3 WLR 583; [1992] 3 All ER 556, CA

  Subsequent considerations : 2 positive. Subsequent citations: 6.
  WILL — Attestation — Testator's signature
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  Case index catchwords

  WILL — Attestation — Testator's signature — Testator writing name on will before setting out dispositive provisions — Will attested by two witnesses — Whether “signed” by testator — Whether will validly executed — Whether testator having testamentary capacity — Wills Act 1837, s 9 (a)(b) (as substituted by Administration of Justice Act 1982, s 17)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Lonsdale & Thompson Ltd v Black Arrow Group Plc

  03 Dec 1992 [1993] Ch 361; [1993] 2 WLR 815; [1993] 3 All ER 648; [1993] 2 Lloyd's Rep 428, Ch D

  Subsequent citations: 4.
  INSURANCE — Third parties' rights — Landlord's covenant to insure
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  Case index catchwords

  INSURANCE — Third parties' rights — Landlord's covenant to insure — Landlords insuring demised premises for full reinstatement value — Term of lease requiring landlords to reinstate premises if damaged or destroyed — Landlords contracting to sell freehold — Premises destroyed by fire prior to completion — Landlords completing sale without abatement of price on account of fire damage — Reinstatement value of premises exceeding landlords' personal interest in insured property — Whether insurers liable to pay full reinstatement value

  1 Case considered
• In re Dennis (A Bankrupt)

  10 Apr 1992 [1993] Ch 72; [1992] 3 WLR 204; [1992] 3 All ER 436, Ch D

  04 Apr 1995 [1996] Ch 80; [1995] 3 WLR 367; [1995] 3 All ER 171; [1995] 2 FLR 387, CA

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 8.
  BANKRUPTCY — Property passing to trustee — Joint tenants
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  Case index catchwords

  BANKRUPTCY — Property passing to trustee — Joint tenants — Husband and wife joint tenants of property — Bankruptcy of husband — Wife dying after act of bankruptcy but before adjudication order — Whether joint tenancy severed before wife's death — Bankruptcy Act 1914, ss 37, 38(a)

  5 Case(s) considered

  1 Statute considered
• In re Flint (A Bankrupt)

  03 Jul 1992 [1993] Ch 319; [1993] 2 WLR 537, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  BANKRUPTCY — Property passing to trustee — Joint tenants
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  Case index catchwords

  BANKRUPTCY — Property passing to trustee — Joint tenants — Husband and wife holding matrimonial home on trust for sale — Divorce proceedings — Court ordering transfer of bankrupt's interest to wife between presentation of bankruptcy petition and adjudication — Whether “disposition of property” by bankrupt — Insolvency Act 1986, s 284(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered