Results: 31

• 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
  Expand

  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

• Fuji Finance Inc v Aetna Life Insurance Co Ltd

  07 Jul 1994 [1995] Ch 122; [1994] 3 WLR 1280; [1994] 4 All ER 1025, Ch D

  04 Jul 1996 [1997] Ch 173; [1996] 3 WLR 871; [1996] 4 All ER 608, CA

  13 Mar 1997 (pet all) [1997] 1 WLR 482, HL(E)

  Subsequent citations: 6.
  INSURANCE — Contract — Illegality

  INSURANCE — Life insurance — Validity
  Expand

  Case index catchwords

  INSURANCE — Contract — Illegality — Statutory prohibition — Insurance company carrying on business otherwise than in connection with insurance business — Issue of investment policy — Whether policy unenforceable — Insurance Companies Act 1982, s 16

  INSURANCE — Life insurance — Validity — Same sum payable on death of assured as on surrender of policy — Whether payable “on the life of any person” — Whether policy contract of life assurance — Whether policy void — Life Assurance Act 1774, s 1

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• In re Bank of Credit and Commerce International SA (No 8)

  09 Mar 1994 [1995] Ch 46; [1994] 3 WLR 911; [1994] 3 All ER 565, Ch D

  20 Dec 1995 [1996] Ch 245; [1996] 2 WLR 631; [1996] 2 All ER 121, CA

  30 Oct 1997 [1998] AC 214; [1997] 3 WLR 909; [1997] 4 All ER 568, HL(E)

  Subsequent considerations : 3 negative. Subsequent citations: 32.
  INSOLVENCY — Winding up — Set-off
  Expand

  Case index catchwords

  INSOLVENCY — Winding up — Set-off — Bank making loans to companies secured by charges over third parties' deposit accounts — Bank subsequently going into liquidation — Whether liquidators entitled to recover whole of outstanding indebtedness from principal debtors — Insolvency Rules 1986, r 490

  9 Case(s) considered

  1 Statutory Instrument considered
• Melton Medes Ltd v Securities and Investments Board

  12 Jul 1994 [1995] Ch 137; [1995] 2 WLR 247; [1995] 3 All ER 880, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  FINANCIAL SERVICES — Restricted information — Disclosure
  Expand

  Case index catchwords

  FINANCIAL SERVICES — Restricted information — Disclosure — Securities and Investments Board allegedly disclosing restricted information — Whether disclosure actionable at suit of persons from whom it was obtained or to whom it related — Whether disclosure made in bad faith — Financial Services Act 1986, ss 179, 187(3)

  1 Case considered

  1 Statute considered

• Lord Dynevor v Richardson

  17 May 1994 [1995] Ch 173; [1994] 3 WLR 1091; [1995] 1 All ER 109; The Times, 26 May 1994; The Independent, 13 June 1994, Ch D (Knox J)

  Subsequent citations: 1.
  COMMONS — Provisional registration — Effect
  Expand

  Case index catchwords

  COMMONS — Provisional registration — Effect — Commissioner refusing to confirm provisional registration of right of pasture — Defendant relying on exercise of right during period of provisional registration to support lost modern grant — Whether right “registered” during period from date of provisional registration to expiry of time for appealing from commissioner's decision — Whether defendant acquiring right by lost modern grant — Commons Registration Act 1965, ss 1(2)(b), 4(1)(5), 6(1)(a)

  1 Words & Phrases considered

  1 Statute considered
• In re Townreach Ltd (No 2486190) (Principle Business Machines Ltd, In re)

  29 Apr 1994 [1995] Ch 28; [1994] 3 WLR 983, Ch D (Judge Paul Baker QC)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  COMPANY — Register — Restoration to register
  Expand

  Case index catchwords

  COMPANY — Register — Restoration to register — Company struck off as being defunct — Subsequent voluntary winding up — Liquidator's report showing prima facie grounds for disqualification of directors — Secretary of State seeking company's restoration to register — Whether Secretary of State “person … interested” — Whether jurisdiction to restore company's name to register on application by Secretary of State — Whether jurisdiction to give consequential directions — Companies Act 1985, s 651

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• In re Grayan Building Services Ltd

  10 Nov 1994 [1995] Ch 241; [1995] 3 WLR 1, CA

  Subsequent considerations : 2 positive. Subsequent citations: 57.
  COMPANY — Director — Disqualification
  Expand

  Case index catchwords

  COMPANY — Director — Disqualification — Disqualification refused despite requisite findings of fact — Whether account to be taken of matters subsequent to conduct relied on — Whether discretion to order disqualification of directors shown to be unfit — Whether directors to be disqualified — Company Directors Disqualification Act 1986, ss 6(1), 9, Sch 1

  4 Case(s) considered

  1 Statute considered
• Grovewood Holdings Plc v James Capel & Co Ltd

  19 Jul 1994 [1995] Ch 80; [1995] 2 WLR 70; [1994] 4 All ER 417, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 15.
  MAINTENANCE OF SUIT — Champerty — Assignment of fruits of action
  Expand

  Case index catchwords

  MAINTENANCE OF SUIT — Champerty — Assignment of fruits of action — Company commencing action against defendant — Company going into liquidation — Liquidator not having funds to pursue action — Liquidator entering into arrangement whereby third parties funding action in return for share of recoveries — Whether arrangement champertous — Whether action to be stayed — Insolvency Act 1986, Sch 4, para 6

  4 Case(s) considered

  1 Statute considered
• Law Debenture Trust Corpn v Ural Caspian Oil Corpn Ltd

  02 Nov 1992 [1993] 1 WLR 138; [1993] 2 All ER 355, Ch D

  09 Mar 1994 [1995] Ch 152; [1994] 3 WLR 1221; [1995] 1 All ER 157, CA

  Subsequent considerations : 1 negative. Subsequent citations: 8.
  CONTRACT — Covenant — Breach

  EQUITY — Inducement of breach of contract — Violation of plaintiff's rights
  Expand

  Case index catchwords

  CONTRACT — Covenant — Breach — Compensation moneys to be held by trustee on behalf of shareholders — Shareholders transferring shares to company on company covenanting with trustee to pay over any compensation received — Company in breach of covenant transferring shares to another party — Other party with knowledge of breach making subsequent transfer to third party — Whether trustee having remedy against third party in law or equity

  EQUITY — Inducement of breach of contract — Violation of plaintiff's rights — Contract subject to covenant — Breach of covenant by others not party to contract — Whether equitable principles applicable

  10 Case(s) considered

• St Martin’s Property Investments Ltd v Philips Electronics (UK) Ltd (Secretary of State for the Environment, Third Party)

  23 Jun 1994 [1995] Ch 73; [1994] 3 WLR 1074; [1995] 1 All ER 378, Ch D

  CROWN PROCEEDINGS — Third party proceedings — Place of trial
  Expand

  Case index catchwords

  CROWN PROCEEDINGS — Third party proceedings — Place of trial — Proceedings for damages for breach of covenant — Crown joined as third party on claim for indemnity — Whether proceedings “civil proceedings … against Crown” — Whether third party proceedings against Crown required to take place in London — Crown Proceedings Act 1947, s 19(2) — RSC, Ord 77, rr 1(2), 9(1), 13(1)

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered