Results: 45

• In re DNick Holding plc (Eckerle v Wickeder Westfalenstahl GmbH)

  23 Jan 2013 [2013] EWHC 68 (Ch); [2014] Ch 196; [2013] 3 WLR 1316; [2014] BCC 1; [2013] WLR (D) 24; The Times, 9 April 2013, Ch D (Norris J)

  Subsequent citations: 2.
  COMPANY — Shares — Rights attached to
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  Case index catchwords

  COMPANY — Shares — Rights attached to — Majority resolution to re-register public limited company as private company — Statutory provision allowing dissentient holders of company’s issued share capital to make application for cancellation of resolution — Claimants having beneficial interest in shares but not registered shareholders — Whether “holders of … issued share capital” including those having ultimate economic interest in shares held by nominee — Whether enfranchisement provisions enabling claimants to exercise rights otherwise vested in members — Whether claimants having standing to make application — Companies Act 2006, ss 98(1), 145

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re Tambrook Jersey Ltd (HSBC Bank plc v Tambrook Jersey Ltd)

  12 Apr 2013 [2013] EWHC 866 (Ch); [2014] Ch 252; [2013] 2 WLR 1249; [2013] 3 All ER 850; [2013] WLR (D) 146, Ch D (Mann J)

  22 May 2013 [2013] EWCA Civ 576; [2014] Ch 252; [2014] 2 WLR 71; [2013] 3 All ER 850; [2013] WLR (D) 193, CA

  Subsequent citations: 3.
  INSOLVENCY — Court’s jurisdiction — Duty to assist foreign insolvency court
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  Case index catchwords

  INSOLVENCY — Court’s jurisdiction — Duty to assist foreign insolvency court — Company registered and having centre of main interests in Jersey but operating in England — No equivalent to administration order available under Jersey law — Jersey court requesting that English court assist it by appointing administrators — No insolvency proceedings taking place or contemplated in Jersey — Whether English court having jurisdiction to “assist” Jersey court by appointing administrators — Insolvency Act 1986, s 426(4)(5)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• FHR European Ventures LLP v Mankarious (FHR European Ventures LLP v Cedar Capital Partners LLC)

  29 Jan 2013 [2013] EWCA Civ 17; [2014] Ch 1; [2013] 3 WLR 466; [2013] 3 All ER 29; [2013] 2 All ER (Comm) 257; [2013] WLR (D) 32; [2013] 1 Lloyd’s Rep 416, CA

  16 Jul 2014 [2014] UKSC 45; [2015] AC 250; [2014] 3 WLR 535; [2014] 4 All ER 79; [2014] 2 All ER (Comm) 425; [2014] WLR (D) 317; [2014] 2 Lloyd’s Rep 471; Case details, SC(E)

  Subsequent considerations : 2 neutral; most recently considered: 2021. Subsequent citations: 61.
  AGENCY — Fiduciary duty — Secret commission
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  Case index catchwords

  AGENCY — Fiduciary duty — Secret commission — Agent acting for purchasers in negotiations for purchase of hotel — Agent receiving secret commission from vendor following sale of hotel — Agent liable to account to purchasers for commission — Whether agent holding commission sum on constructive trust for purchasers on basis that it had exploited opportunity which purchasers would otherwise have had — Whether constructive trust arising only where possible to identify some form of beneficial ownership of opportunity — Whether purchasers entitled to proprietary remedy against agent — Whether agent's liability to purchasers limited to equitable compensation in sum equal to commission

  19 Case(s) considered

• Various Claimants v News Group Newspapers Ltd (No 2)

  12 Jul 2013 [2013] EWHC 2119 (Ch); [2014] Ch 400; [2014] 2 WLR 756; [2013] WLR (D) 314, Ch D (Mann J)

  Subsequent citations: 3.
  PRACTICE — Discovery — Action for
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  Case index catchwords

  PRACTICE — Discovery — Action for — Police informing applicants of interception of their mobile telephone voicemails by defendant — Material necessary for applicants to bring or fully to plead claim against defendant in possession of police — Applicants applying in proceedings brought by some of them for order against police for disclosure of material — Whether court having power to make order in exercise of case management powers — Whether court’s jurisdiction depending on third party’s participation in or facilitation of wrongdoing — Whether engagement with wrong such as to make third party more than mere witness or bystander sufficient — Whether court having jurisdiction to make order sought — Whether jurisdiction to be exercised in applicants’ favour — Whether necessary for each applicant to bring separate action for discovery — Whether possible for application to be made in existing proceedings — Whether court in exercise of case management powers able to dispense with service of originating process by applicants who had not yet brought claim against defendant — CPR, rr 3.1(2)(m), 31.17, 31.18

  3 Case(s) considered

  1 Statutory Instrument considered

• In re Southern Pacific Personal Loans Ltd (Oakley Smith v Information Comr)

  08 Aug 2013 [2013] EWHC 2485 (Ch); [2014] Ch 426; [2014] 2 WLR 1067; [2014] 1 All ER 98; [2013] WLR (D) 336, Ch D (David Richards J)

  Subsequent citations: 6.
  DATA PROTECTION — Personal data — “Data controller”
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  Case index catchwords

  DATA PROTECTION — Personal data — “Data controller” — Company collecting and retaining personal data relating to borrowers to whom it provided loans — Company entering creditors’ voluntary liquidation — Whether commencement of liquidation and appointment of liquidator rendering liquidator “data controller” in respect of personal data processed by company prior to liquidation — Whether liquidator entitled to dispose of such data — Data Protection Act 1998, s 1(1)

  1 Words & Phrases considered

  1 Statute considered
• Bilta (UK) Ltd v Nazir (No 2) (Jetivia SA v Bilta (UK) Ltd)

  30 Jul 2012 [2012] EWHC 2163 (Ch); [2014] Ch 52; [2013] 2 WLR 825; [2013] 1 All ER 375; [2012] STC 2424; [2013] BCC 235; [2012] WLR (D) 236, Ch D (Sir Andrew Morritt C)

  31 Jul 2013 [2013] EWCA Civ 968; [2014] Ch 52; [2013] 3 WLR 1167; [2014] 1 All ER 168; [2014] 1 All ER (Comm) 176; [2013] Lloyd's Rep FC 620; [2013] STC 2298; [2014] 1 BCLC 302; [2013] BCC 655; [2013] WLR (D) 333; [2014] 1 Lloyd’s Rep 113, CA

  11 Feb 2014 (appn all) [2014] 1 WLR 1230, SC(E)

  22 Apr 2015 [2015] UKSC 23; [2016] AC 1; [2015] 2 WLR 1168; [2015] 2 All ER 1083; [2015] 2 All ER (Comm) 281; [2015] 2 Lloyd's Rep 61; [2015] 1 BCLC 443; [2015] BCC 343; [2015] WLR (D) 182; [2015] BVC 20; Case details, SC(E)

  Subsequent considerations : 7 positive; 4 neutral; most recently considered: 2021. Subsequent citations: 71.
  COMPANY — Fraud — Knowledge of company

  INSOLVENCY — Winding up — Fraudulent trading
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  Case index catchwords

  COMPANY — Fraud — Knowledge of company — Company’s claim for conspiracy to defraud — Whether defence of ex turpi causa non oritur actio available to company’s directors or those alleged to have conspired with them — Companies Act 2006, ss 172, 239

  INSOLVENCY — Winding up — Fraudulent trading — Statutory provision making persons party to fraudulent trading liable to contribute to company’s assets — Whether having extraterritorial effect — Insolvency Act 1986, s 213

  17 Case(s) considered

  2 Statutes considered

• In re Robson, decd (White v Matthys)

  31 Jan 2014 [2014] EWHC 295 (Ch); [2014] Ch 470; [2014] 2 WLR 1435; [2014] WLR (D) 54, Ch D (Richard Sheldon QC sitting as a deputy judge of the Chancery Division)

  POLITICAL PARTY — Donation to registered political party — Impermissible donations
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  Case index catchwords

  POLITICAL PARTY — Donation to registered political party — Impermissible donations — Testator making gift of residuary estate to political party — Testator’s sons claiming gift contravening prohibition on foreign donations to political parties — Whether residuary legatee’s right to receive residue constituting “property” — Whether gift of residuary estate “donation” — Whether donation “received” and “accepted” by party — Whether breach of prohibition — Whether distribution to be made — Political Parties, Elections and Referendums Act 2000, ss 50, 54

  1 Case considered

  4 Words & Phrases considered

  1 Statute considered

• Golstein v Bishop

  02 May 2013 [2013] EWHC 881 (Ch); [2014] Ch 131; [2013] 3 WLR 572; [2013] WLR (D) 163, Ch D (Christopher Nugee QC)

  18 Jun 2013 (Costs) [2013] EWHC 1706 (Ch); [2013] CN 912, Ch D (Christopher Nugee QC)

  05 Feb 2014 [2014] EWCA Civ 10; [2014] Ch 455; [2014] 2 WLR 1448; [2014] 3 All ER 397; [2014] WLR (D) 75, CA

  Subsequent citations: 3.
  BANKRUPTCY — Debt — Contingent liability

  PARTNERSHIP — Dissolution — Repudiatory conduct
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  Case index catchwords

  BANKRUPTCY — Debt — Contingent liability — Liability for costs of litigation — Defendant subject of individual voluntary arrangement — Whether liability for costs provable debt — Whether liability for costs debt within meaning of individual voluntary arrangement

  PARTNERSHIP — Dissolution — Repudiatory conduct — Claimant and defendant in partnership together as solicitors for minimum four-year term — Claimant serving notice on defendant purporting to dissolve partnership pursuant to specific provision of partnership agreement — Whether precondition for notice’s effectiveness made out — Claimant purporting to accept defendant’s conduct as repudiating partnership agreement and claiming damages for breach of partnership agreement — Whether claimant’s notice valid acceptance of repudiation of partnership by defendant — Whether partnership capable of being dissolved by acceptance of repudiatory breach — Whether defendant’s conduct such that court entitled to decree premature dissolution of partnership — Whether partnership dissolved by mutual consent — Judge awarding damages on ground defendant's breaches would have justified dissolution of partnership by court — Defendant contending claimant affirming partnership agreement — Whether contractual principles of affirmation relevant to exercise of court's power to dissolve partnership — Partnership Act 1890, s 35(d)

  3 Case(s) considered

  1 Statute considered

• Highbury Pension Fund Management Co v Zirfin Investments Ltd

  14 Feb 2013 [2013] EWHC 238 (Ch); [2014] Ch 359; [2014] 2 WLR 1129; [2013] WLR (D) 71, Ch D (Norris J)

  03 Oct 2013 [2013] EWCA Civ 1283; [2014] Ch 359; [2014] 2 WLR 1129; [2014] 1 All ER 674, CA

  Subsequent citations: 1.
  EQUITY — Marshalling — Availability of remedy
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  Case index catchwords

  EQUITY — Marshalling — Availability of remedy — Bank making secured loans to defendant and its affiliates — Defendant guaranteeing affiliates’ debts to bank — Guarantee secured by charge over defendant’s property — Guarantee precluding defendant from participating in affiliates’ security until bank paid in full by affiliates — Claimants also making secured loans to defendant — Defendant and affiliates defaulting and defendant’s property sold — Claimants asserting entitlement to marshal bank’s securities in satisfaction of defendant’s debt to them — Whether equitable principle of marshalling entitling singly-secured creditor of guarantor to marshal securities granted to doubly-secured creditor by principal debtor liable under guaranteed debt — Whether singly-secured creditor’s right to marshal affected by restriction in guarantee on guarantor’s rights against doubly-secured creditor

  3 Case(s) considered
• In re Goodman, decd (Goodman v Goodman)

  18 Jan 2013 [2013] EWHC 758 (Ch); [2014] Ch 186; [2013] 3 WLR 1551; [2013] 3 All ER 490; [2013] WLR (D) 197, Ch D (Newey J)

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  ADMINISTRATION OF ESTATES — Personal representative — Replacement
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  Case index catchwords

  ADMINISTRATION OF ESTATES — Personal representative — Replacement — Statutory provision containing power to replace or remove personal representatives — Deceased naming claimants and defendants as his executors — Disagreements between parties relating to administration of deceased’s estate — First defendant’s application for independent professional executor to take over administration of estate — Whether provision applying to person named as executor who had not obtained probate — Whether court having jurisdiction to remove executors — Administration of Justice Act 1985, s 50

  2 Case(s) considered