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Cases Company, Partnerships & LLPs

E-Clear (UK) Plc v Elias Elia & Ors (2013)

Judgment Date: 06 Sep 2013

Without a trial, a judge could not have been sufficiently certain that a company had been insolvent when payments for the benefit of a director had been made; a declaration of beneficial ownership of a property made on an application for summary judgment was overturned.

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Pavel Sukhoruchkin & Ors v Marc Giebels Van Bekestein & Ors (2013)

Judgment Date: 11 Jul 2013

The continuation of a worldwide freezing order was refused where claims of wrongdoing were barred by the no reflective loss principle and a proprietary injunction was similarly refused as its invasive nature was not justified given that the strength of the claim was borderline.

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In the Matter of UKLI Ltd; Secretary of State v Baljinder Chohan (2013)

Judgment Date: 26 Mar 2013

Where an individual was properly characterised as a de facto and shadow director of a company which he had sanctioned and encouraged to operate an unlawful collective investment scheme, and where he had procured the company to make improper loans and dividends, it was appropriate to disqualify him from acting as a director under the Company Directors Disqualification Act 1986 s.6 for a 12-year period.

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Secretary of State for Business, Innovation & Skills v Nadhan Singh Potiwal (2012)

Judgment Date: 21 Dec 2012

The evidence of a company director in disqualification proceedings, asserting his lack of knowledge of his company's involvement in VAT evasion, was struck out as an abuse of process. The VAT tribunal had previously found that the director had knowledge of the VAT evasion, and although there was an absence of privity between government departments in relation to that issue, it would be manifestly unfair and bring the administration of justice into disrepute if the matter was relitigated.

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Insight Group Ltd & Insightsoftware.com Ltd v Kingston Smith (A Firm) (2012)

Judgment Date: 18 Dec 2012

In view of its very wide ambit, the test in Owners of the Sardinia Sulcis v Owners of the Al Tawwab [1991] 1 Lloyd's Rep. 201 as to whether it was possible to identify an intended claimant or defendant "by reference to a description which was more or less specific to the particular case" had to be interpreted as meaning to identify the relevant description of the intended party by reference to what description was material from a legal point of view to the claim made.

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Alliance Bank JSC v Aquanta Corp & 14 Ors (2012)

Judgment Date: 12 Dec 2012

A Kazakhstan bank had not established that the English court was the most appropriate forum for resolution of disputes arising out of an alleged conspiracy to defraud it of £1.1 billion. Although two of the instruments used to further the fraud were expressly governed by English law, the essence of the dispute had very little connection with the domestic jurisdiction. The court also examined the availability of subrogated rights, causes of action in implied contract, and the jurisdictional gateway in CPR PD 6B.

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Sycamore Bidco v Breslin & Dawson No. 1 (2012)

Judgment Date: 30 Nov 2012

Although various warranties included in a share sale agreement did not constitute representations and there had therefore been no misrepresentation by the sellers of the shares in the company, the inclusion of inappropriate amounts in the company accounts as turnover gave rise to breaches of the warranties.

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Favor Easy Management Ltd, Samuel Tak Lee v Fuk Fei Wu, Favor Easy Management Ltd (2012)

Judgment Date: 21 Nov 2012

A judge had adopted the correct approach when considering the evidence as a whole in determining the intentions of the parties in relation to the disputed beneficial ownership of two commercial properties.

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Bilta (UK) Ltd v Muhannad Nazir & 8 Ors (2012)

Judgment Date: 30 Jul 2012

A claim by a company in liquidation, which had been the vehicle for a VAT fraud, against its former directors and overseas suppliers among others was not barred by the principle of ex turpi causa and the decision in Stone & Rolls Ltd (In Liquidation) v Moore Stephens (A Firm) [2009] UKHL 39, [2009] 1 A.C. 1391. Since the company had been insolvent at the material times the directors owed duties to the creditors and the ratio decidendi of Stone & Rolls was not applicable to cases in which the claim was based on a breach of duty the scope of which encompassed persons or interests other than the fraudsters in corporate form.

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International Leisure Ltd & Citibid Securities Ltd v First National Trustee Co UK Ltd & Ors (2012)

Judgment Date: 16 Jul 2012

A secured debenture holder's claim against an administrative receiver it had appointed over a company ought not to have been struck out as its claim did not offend the rule against reflective loss. To strike out such a claim arbitrarily denied a secured creditor fair compensation for any primary loss suffered.

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Caldero Trading Ltd v Beppler & Jacobson Ltd & Ors (2012)

Judgment Date: 14 Jun 2012

Showing or supplying the witness statements and attached documents to a third party funder so that the funder could determine whether to continue to fund the proceedings and whether to give and whether to continue to give the cross-undertaking in damages was use "for the purpose of the proceedings" within CPR r.31.22.

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Anglo German Breweries Ltd (In Liquidation) v Chelsea Corp INC & 6 Ors (2012)

Judgment Date: 29 May 2012

It was appropriate to pierce the corporate veil and to require the transfer of a property held by a company where the true owner of the property had transferred it to the company to conceal his fraudulent activities.

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Commissioner of Taxpayer Audit & Assessment v Cigarette Co of Jamaica Ltd (2012)

Judgment Date: 13 Mar 2012

Loans made to a company by its subsidiary company were not "artificial" transactions for the purposes of the Income Tax Act (Jamaica) s.16.

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In the Matter of Virtualpurple Professional Services Ltd (2011)

Judgment Date: 21 Dec 2011

Directors did not have to give their company notice of intention to appoint an administrator when the appointment would have immediate effect.

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In the Matter of Instant Access Properties Ltd v Maria Gifford (2011)

Judgment Date: 21 Nov 2011

It was appropriate to grant the Secretary of State for Business, Innovation and Skills permission to apply for disqualification orders against four company directors, pursuant to the Company Directors Disqualification Act 1986 s.7(2), after the two-year period from the company's insolvency had expired. The case alleged against the directors that they had created a sham arrangement to avoid paying tax was reasonably strong, the delay in bringing proceedings was reasonably well explained and there was no specific prejudice to the directors such that the grant of permission was not appropriate.

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Cadogan Petroleum Plc & 9 Ors v Mark Tolly & 10 Ors (2011)

Judgment Date: 07 Sep 2011

On the facts as pleaded and in light of the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (In Administration) (2011) EWCA Civ 347, (2011) Bus LR 1126, proprietary claims based on an allegation that a company group's former chief operating officer had accepted bribes or secret commissions in the course of various company transactions had no prospect of success.

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R H Ashcroft & Sons Ltd v Robert Daniel Macer Ashcroft & James Angus Ashcroft (Third Party) (2011)

Judgment Date: 28 Jul 2011

The court granted a declaration regarding the existence and termination of a management agreement governing the way in which a family-owned company operated its three farms.

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Philip Towers v Premier Waste Management Ltd (2011)

Judgment Date: 28 Jul 2011

A company director had breached his fiduciary duty to the company when accepting a free loan of equipment from a customer without disclosing the transaction or seeking approval for it.

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Dineshkumar Jeshang Shah v Chandrakant Jeshang Shah (2011)

Judgment Date: 26 Jul 2011

The court determined the valuations of assets held by a company in which a minority shareholder had been unfairly prejudiced so that the shareholder could realise the value of his shares.

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F&C Alternative Investments (Holdings) Ltd v Barthelemy and Culligan (2011)

Judgment Date: 14 Jul 2011

Members of a limited liability partnership owed no statutory fiduciary duties to each other nor could such duties be derived from existing partnership law but only from express contractual terms.

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