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Cases Mark Cunningham

Secretary of State for Trade & Industry v Hall & Nuttall (2006)

Judgment Date: 28 Jul 2006

An individual through his control of a corporate director could constitute himself a de facto director of a subsidiary company; whether he did so would depend on what he procured the corporate director to do.

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Kappler v Secretary of State for Trade & Industry (2006)

Judgment Date: 11 May 2006

Where the claimant secretary of state had reformulated his allegations against the defendant director during a civil trial in disqualification proceedings, the key question was whether the defendant fairly knew and understood the substance of the allegations he had to meet and whether he would suffer injustice as a result of the court allowing the claimant to rely on the amended, altered or additional allegations.

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In the Matter of McCarthy Surfacing Ltd (2006)

Judgment Date: 12 Apr 2006

Shareholders who had executed share transfers but were still the registered holders of the shares had requisite standing to bring a petition under the Companies Act 1985 s.459. Transferees of shares who had not been registered as shareholders by the company also had the requisite standing to bring a petition.

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Robert Alan Kean v William McDonald & Ors (2006)

Judgment Date: 23 Mar 2006

A property freezing order obtained by the Assets Recovery Agency was not discharged despite it having been obtained by non-disclosure and innocent misrepresentation at a without notice hearing, because the agency's misjudgement had not been serious and a broad, merits-based evaluation of all the circumstances found no abuse of process.

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Burton (HM Collector of Taxes) v Mellham Ltd (2006)

Judgment Date: 15 Feb 2006

Failure to pay advance corporation tax did not carry a statutory liability to pay interest forever afterwards if the principal liability had been discharged or satisfied otherwise than by payment.

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Mitchell v Halliwell (2005)

Judgment Date: 13 May 2005

On the facts, the executors and trustees were liable to restore the sum of a commuted annuity, which had been gifted to the deceased's friend and solicitor, to the deceased's estate because the beneficiary children of the deceased had not received independent legal advice about the effect of the commutation.

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In The Matter Of World Of Marble Ltd Sub Nom Secretary Of State For Trade & Industry (2004)

Judgment Date: 15 Nov 2004

In determining the question of unfitness to be concerned in the management of a company under the Company Directors Disqualification Act 1986 s.6 it was not enough just to look at what happened in the company and say that all the directors were to blame and must therefore be found unfit. It was essential to consider the directors' individual roles and responsibilities.

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Richard Uglow v Peter Uglow & Ors (2004)

Judgment Date: 24 Jul 2004

The nature of an assurance that formed the basis of a claim for proprietary estoppel would be implicitly qualified in ways that took account of events unforeseen and not expressly catered for by the parties at the time the assurance was made.

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Sangeeta Mehra v Radiatben Rajnikant Shah & Ors (2004)

Judgment Date: 20 May 2004

The trial judge had been entitled to infer from the evidence before her that the claimant was entitled to beneficial ownership of family property.

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Watford Petroleum Ltd & Ors v Interoil Trading SA & Ors (2003)

Judgment Date: 25 Sep 2003

An order made without notice providing for the disclosure of documents after exchange of witness statements gave one party an unjustified procedural advantage.

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Sangeeta Mehra v Radiatben Rajnikant Shah & Ors (2003)

Judgment Date: 05 Aug 2003

Six sisters were not partners in a family business and only the surviving brothers or their representatives were entitled to the winding up of the partnership and realisation of the business assets.

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Interoil Trading SA v Watford Petroleum Ltd: Watford Petroleum Ltd v Interail Trading SA (2003)

Judgment Date: 01 Aug 2003

The court refused to order security for costs against the defendants where the defendants had been unable to put full financial affairs before the court due to circumstances that may have been caused by the claimants.

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Re J A Chapman & Co Ltd

Judgment Date: 20 Mar 2003

A director of a company who was guilty of dishonesty in relation to the practice of "grossing up" within the insurance business would be disqualified for nine years.

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Robert Chaston v SWP Group PLC (2002)

Judgment Date: 20 Dec 2002

Payment by a target company of the fees of accountants retained by the purchaser to prepare a long form report amounted to unlawful financial assistance within s.151 Companies Act 1985.

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Thomas Stephen Cowell v The Law Society

Judgment Date: 12 Nov 2002

The Solicitors Accounts Rules overrode any contractual duty of confidence that might subsist between solicitor and client.

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Ali v Khan & Ors (2002)

Judgment Date: 11 Jul 2002

A judge was wrong to conclude that the fourth defendant's transfer of his legal interest in a property to the claimant was also intended to transfer his beneficial interest in that property.

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Prestige Properties Ltd v (1) Scottish Provident Institution (2) Chief Land Registrar (2002)

Judgment Date: 13 Mar 2002

A judge was wrong to conclude that the fourth defendant's transfer of his legal interest in a property to the claimant was also intended to transfer his beneficial interest in that property.

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Professor Brian Clarke v Marlborough Fine Art (London) (Ltd) & Ors (2002)

Judgment Date: 18 Jan 2002

Expert opinion from a lawyer specialising in art law was not likely to provide the court with material assistance in determining the issues of liability in an action concerning alleged breach of fiduciary duty owed by a gallery to an artist.

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H v H: HM Attorney-General v H (2001)

Judgment Date: 16 Oct 2001

In dealing with a father who had made his case into a public cause celebre, the court gave guidance on the drafting, granting and limitations of injunctions in personam and contra mundum.

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Professor Brian Clarke (Executor of the Will of Francis Bacon) v Marlborough Fine Art (London) Ltd

Judgment Date: 15 May 2001

The claimant had an arguable case, which he would be permitted to plead by way of amendment, that after 1964 a fiduciary duty was owed by the defendant to the artist Francis Bacon in relation to the marketing and exploitation of his paintings.

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