Re Bitumina Industries Ltd [2022] EWHC 2578 (Ch)
Judgment Date: 01 Jan 22
Case concerning the creation of a floating charge, and its enforceability under Section 245 of the Insolvency Act 1986 (as case leader).
Case concerning the creation of a floating charge, and its enforceability under Section 245 of the Insolvency Act 1986 (as case leader).
The Court of Appeal held that whilst the Judge below correctly identified the law he subsequently erred in applying it to the pleaded claim. The pleaded (disputed) personal conduct of the shareholder and directors (which largely related to steps taken in pursuit of the recovery of their costs of previous...
The appeal concerned the jurisdiction of the Courts of the British Virgin Islands to grant freezing orders in support of foreign proceedings, to permit service of an application claiming only freestanding freezing relief out of the jurisdiction, and to injunct third parties to the underlying proceedings against whom no substantive...
The Claimants, Steve Jones and Paul Cook (respectively, the band’s guitarist and drummer), were represented by Edmund Cullen QC, leading Edward Granger. The First Defendant, John Lydon (the band’s frontman, and professionally known as “Johnny Rotten”) was represented by Mark Cunningham QC (leading Amanda Michaels from Hogarth Chambers)....
David Mumford QC and Thomas Munby (with Hugo Leith of Brick Court) act for the State of Qatar in proceedings in the Commercial Court against Banque Havilland SA (the “Bank”). In an important decision on 30 July 2021, David Edwards QC (sitting as a Judge of the High Court) made a number...
This is the first reported decision on costs relating to an application under s.133 of the Insolvency Act 1986 and is of relevance to creditors considering making a request under s.133, and to liquidators of companies which are the subject of a s.133 application. Mr Deuss was CEO and beneficial owner...
As a general principle, a company may make “distributions” to shareholders out of profits available for the purpose, but not out of capital. The circumstances in which a company may properly make distributions to its shareholders are governed by two sets of rules: those in Part 23 of the Companies Act 2006,...