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Cases Mark Cunningham

Official Receiver v Thomas David Barnes & Ors (2000)

Judgment Date: 21 Jun 2000

The adoption by the respondent company directors of a policy of deliberate non-payment of income tax, so that the company could continue to pay its trade creditors, was misconduct that constituted unfitness for the purposes of s.6 Company Directors Disqualification Act 1986.

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Zahid Iqbal Dean v Marianne Prediger Dean & Ors (2000)

Judgment Date: 15 Jun 2000

Where a claimant had suffered loss by reason of an error on the land register and was entitled to an indemnity by virtue of s.83(2) Land Registration Act 1925 it was not appropriate to apply a "but for" test in considering whether the claimant's loss had been caused "wholly" as a result of his own lack of proper care thereby disentitling him to an indemnity by virtue of s.83(5).

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Members
Mark Cunningham QC

Practice areas
Real Estate

Phomographic Performance Ltd v Candy Rock Recording Ltd (2000)

Judgment Date: 30 Mar 2000

Section 129 Copyright, Designs and Patents Act 1988 was not limited to a comparison between licences granted by the same person. The fact that narrowcasters were exempt from the site licence fee which commercial dubbers had to pay was a relevant factor for the Copyright Tribunal to consider when deciding on the royalty rate that a dubbing company should pay to Phonographic Performance Ltd. * Leave to appeal to the House of Lords refused.

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Victor Chandler International Ltd v (1) Customs & Excise Commissioners (2) Teletext Ltd (2000)

Judgment Date: 29 Feb 2000

A bookmaker whose business was located abroad was not entitled to solicit custom within the United Kingdom by broadcasting advertisements on Teletext. Such an advertisement was an "advertisement or other document" for the purposes of s.9(1)(b) Betting and Gaming Duties Act 1981. * Leave to appeal to the House of Lords refused.

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Secretary of State For Trade & Industry v John Christopher Forsyth & Ors (2000)

Judgment Date: 07 Feb 2000

Grant of leave to the Secretary of State for Trade and Industry to apply for disqualification orders under s.6 Company Directors Disqualification Act 1986 notwithstanding that the two-year time limit for bringing such an application had expired.

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Zahid Iqbal Dean v Marianne Prediger Dean & Ors (1999)

Judgment Date: 17 Nov 1999

Appeal from an order of Master Bowles of 2 July 1999 where the claim against the fifth defendant, the Chief Land Registrar ('the registrar'), was struck out.

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Members
Mark Cunningham QC

Practice areas
Real Estate

Daniel Richard Baker v Secretary of State for Trade & Industry (1999)

Judgment Date: 28 May 1999

The fact that a director had caused an insolvent company to make a payment which was detrimental to the general body of creditors did not, in all the circumstances, justify a finding that the director was unfit.

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Secretary of State for Trade & Industry v Andrew Russell Ashman (1998)

Judgment Date: 15 Jun 1998

Whether directors involved in collapse of Atlantic Computers plc and British & Commonwealth Holdings plc should be disqualified under s.8 Company Directors Disqualification Act 1986.

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Banque Financiere de la Cite v (1) Parc (Battersea) Ltd (2) Omnicorp Overseas Ltd (1998)

Judgment Date: 15 Jun 1998

A party who brings about a reduction in the indebtedness to a creditor of a debtor by refinancing and payment of a sum to the creditor is entitled to recover that sum from the creditor on the principle that otherwise there will have been an unjust enrichment of the creditor.

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Secretary of State for Trade & Industry v John Anderson (1997)

Judgment Date: 28 Nov 1997

What documents should be disclosed by the Secretary of State for Trade and Industry to respondent directors in Company Directors Disqualification Act proceedings.

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Orwin v Attorney-General (1997)

Judgment Date: 21 Nov 1997

Whether vesting order should be made under s.51 Trustee Act 1925 in respect of intellectual property vested in company immediately before its dissolution.

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In Re Blackspur Group plc & Ors

Judgment Date: 19 Nov 1997

Company director's application rejected that proceedings under the Company Directors Disqualification Act 1986 against him be stayed in consideration of his undertakings.

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Secretary of State for Trade & Industry v Richard Richardson (1997)

Judgment Date: 08 May 1997

Appeal against disqualification for seven years under s.6 Company Directors Disqualification Act 1986. Statutory preference, period of disqualification and de facto directorship considered.

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In Re P S Banarse & Co sub nom Secretary of State for Trade & Industry v Banarse and Anor (1996)

Judgment Date: 25 Oct 1996

Applying Carecraft procedure in company directors disqualification order applications.

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The Secretary of State for Trade & Industry v David Michael Rogers (1996)

Judgment Date: 26 Jul 1996

Where an application for a director's disqualification order was made and the Carecraft procedure employed, no finding of dishonesty could be made by the Court unless such a finding was undisputed and agreed by the parties in their agreed statement of facts.

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In the matter of an application under s.84 Law of Property Act 1925 by Colin Moram (1995)

Judgment Date: 15 Dec 1995

Modifying restrictive covenants on a housing estate to permit a small block of flats to be substituted for an existing dwelling house.

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Members
Mark Cunningham QC

Practice areas
Real Estate

In the Manlon Trading Ltd (1995)

Judgment Date: 12 Apr 1995

Striking out the Official Receiver's application for an order under the Company Directors Disqualification Act 1986 for inordinate and inexcusable delay.

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St Martin’s Property Investments Ltd v Philips Electronics (UK) Ltd (1994)

Judgment Date: 23 Jun 1994

Third party proceedings against minister constitute "crown proceedings" and must be tried in London.

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