Results: 35

• Building Societies Commission v Halifax Building Society

  28 Mar 1995 [1997] Ch 255; [1996] 3 WLR 1158; [1995] 3 All ER 193; [1995] CLC 548, Ch D

  BUILDING SOCIETY — Transfer of business — Transfer to specially formed company
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  Case index catchwords

  BUILDING SOCIETY — Transfer of business — Transfer to specially formed company — Allocation of fixed number of free shares to members regardless of duration of membership — Whether allocation to members of less than two years' standing lawful — Whether made to “other subscribers” — Building Societies Act 1986, s 100(8)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• In re Saunders (A Bankrupt) (Bearman (A Bankrupt), In re)

  03 Apr 1996 [1997] Ch 60; [1996] 3 WLR 473; [1997] 3 All ER 1012, Ch D

  Subsequent considerations : 3 positive; 2 neutral; 1 negative. Subsequent citations: 24.
  BANKRUPTCY — Jurisdiction — Leave to bring proceedings
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  Case index catchwords

  BANKRUPTCY — Jurisdiction — Leave to bring proceedings — Proceedings against bankrupt begun by writ issued after bankruptcy orders made — Leave not obtained — Whether leave to be given retrospectively — Insolvency Act 1986, ss 130(2), 285(3)

  7 Case(s) considered

  1 Statute considered
• In re Cosslett (Contractors) Ltd

  21 Dec 1995 [1997] Ch 23; [1996] 3 WLR 299; [1996] 4 All ER 46, Ch D

  29 Jul 1997 [1998] Ch 495; [1998] 2 WLR 131; [1997] 4 All ER 115, CA

  Subsequent considerations : 1 positive. Subsequent citations: 13.
  CONTRACT — Construction — Passing of property
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  Case index catchwords

  CONTRACT — Construction — Passing of property — Coal washing plant on site for purposes of land reclamation — Contract deeming plant on site to be property of site owner — Whether property passing to site owner — Whether equitable proprietary interest in plant — Whether specific or floating charge

  6 Case(s) considered

  1 Standard Form considered
• In re A Debtor (No 50A-SD-1995)

  18 Apr 1996 [1997] Ch 310; [1997] 2 WLR 57; [1997] 2 All ER 789, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  LIMITATION OF ACTION — Bankruptcy proceedings — Statutory demand
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  Case index catchwords

  LIMITATION OF ACTION — Bankruptcy proceedings — Statutory demand — Service more than six years after date of default judgment — Whether bankruptcy proceedings “action … brought upon any judgment” — Whether statute-barred — Limitation Act 1980, s 24(1)

  4 Case(s) considered

  1 Words & Phrases 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
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  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 A Firm of Solicitors (No 2)

  04 May 1995 [1997] Ch 1; [1996] 3 WLR 16; [1995] 3 All ER 482, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 10.
  SOLICITOR — Fiduciary relationship with client — Confidential information
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  Case index catchwords

  SOLICITOR — Fiduciary relationship with client — Confidential information — Plaintiffs retaining firm of solicitors to act in patent litigation — Defendant partner in firm but not involved in litigation — Defendant joining new firm — New firm subsequently instructed to act for plaintiffs' opponents — Whether defendant in possession of relevant confidential information — Burden of proof — Whether defendant to be restrained from acting

  4 Case(s) considered

• Neville v Wilson

  20 Mar 1996 [1997] Ch 144; [1996] 3 WLR 460; [1996] 3 All ER 171, CA

  Subsequent citations: 6.
  ASSIGNMENT — Equitable — Disposition of equitable interest
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  Case index catchwords

  ASSIGNMENT — Equitable — Disposition of equitable interest — “Disposition” required to be in writing — Shareholders' oral agreement for informal liquidation of company and division of assets among themselves — Whether creation of implied or constructive trusts — Whether requirement for writing dispensed with — Whether valid disposition — Law of Property Act 1925, s 53(1)(c)(2)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• State Bank of India v Sood

  30 Oct 1996 [1997] Ch 276; [1997] 2 WLR 421; [1997] 1 All ER 169, CA

  01 Jul 1997 [1998] 1 WLR 625, HL(E)

  19 Nov 1997 (pets dis) [1997] 1 WLR 1568, HL

  Subsequent citations: 3.
  LAND REGISTRATION — Overriding interest — “Actual occupation”
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  Case index catchwords

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Equitable tenants in common in actual occupation of land — Execution of legal charge to secure future bank overdraft — Charge executed by two trustees for sale without occupiers' knowledge — No capital money arising at time of execution of legal charge — Whether occupiers having overriding interest — Whether interest overreached by execution of legal charge — Law of Property Act 1925, s 2(1)(ii) — Land Registration Act 1925, s 70(1)(g)

  2 Words & Phrases considered

  2 Statutes considered
• In re Duckwari Plc

  11 Jul 1996 [1997] Ch 201; [1997] 2 WLR 48, Ch D

  08 May 1998 [1999] Ch 253; [1998] 3 WLR 913, CA

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 25.
  COMPANY — Director — Property transactions
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  Case index catchwords

  COMPANY — Director — Property transactions — Property acquired from company owned by director when market buoyant — Transaction not approved by company in general meeting — Subsequent collapse in property market — What loss recoverable — Whether compensation for loss of value subsequent to transaction recoverable — Whether defence of acting honestly and reasonably available to director — Companies Act 1985, ss 320, 322(3)(b), 727

  1 Case considered

  1 Statute considered

• In re Krubert, decd

  27 Jun 1996 [1997] Ch 97; [1996] 3 WLR 959; [1997] 1 FLR 42, CA

  Subsequent citations: 2.
  FAMILY PROVISION — Surviving spouse — “Reasonable financial provision”
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  Case index catchwords

  FAMILY PROVISION — Surviving spouse — “Reasonable financial provision” — Elderly wife living in deceased's house at time of death — Deceased's will leaving wife life interest in house — Whether reasonable provision for wife — Whether house to be transferred to wife absolutely — Inheritance (Provision for Family and Dependants) Act 1975, ss 1(2), 3(1)(2)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered