Summary An officer of an insolvent company cannot refuse to answer question on the ground that he might incriminate himself. Facts Application by receivers for directions concerning the refusal of the controlling director of the company in receivership to answer questions put to him on an examination ordered under s.236...
Summary Whether proof of posting of cheque prima facie proof of payment.
Summary Directors cannot perpetuate their or their friends' control of the company. Nominee directors about to be removed,seeking to commit company to a management agreement Facts Plaintiff's appeal against refusal of an injunction to restrain defendants from terminating a management agreement under which plaintiffs were appointed defendants' managers. The...
Summary Applications under s.30 Merchant Shipping Act 1894 A creditor seeking execution against a ship owner is not an "interested person" for the purposes of an application under s.30 Merchant Shipping Act 1894 to prohibit any dealing with the ship. The section gives an applicant who is "an interested party" a substantial...
Summary Valuation of insurance companies faced with winding up petitions : Policyholders' Protection Scheme - valuing assets and claims : Valuation of insurance companies faced with winding up petitions. Facts Guidance on valuing insurance companies faced with winding up petitions where it was held inter alia in reply to questions posed in...
Summary Claim to gift of land by donatio mortis causa fails : Claim to gift of land by donatio mortis causa fails : Claim to gift of land by donatio mortis causa succeeds Facts al against dismissal of claim to gift of a house by donatio mortis causa where deceased owner to...
Summary Unlawful transactions : Local authorities have no power to enter into interest "rate swaps". District auditor's appeal from decision holding that rate swap transactions were lawful. Facts Held The lending banks contended that under s.11(1) Local Government Act 1972 those swap transactions which were intended to replace or re-profile existing interest...
Summary No duty to disclose unless the statement is to be adduced in evidence at the trial. Facts Appeal by plaintiffs against refusal to order the defendants to serve on the plaintiffs' solicitors a report of expert evidence on an issue in the action. Held The reference in RSC O.38...