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Cases Andrew Westwood

Chauhan v Inland Revenue Commissioners

Judgment Date: 28 Apr 2004

It was not open to the court to go behind a statutory demand and review the correctness or otherwise of a judgment debt on which the demand was based.

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Egleton v Inland Revenue Commissioners (2003)

Judgment Date: 15 Dec 2003

The appropriate forum for a debtor to raise arguments under s.375(1) Insolvency Act 1986 was on his application for permission to appeal.

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Secretary of State for Trade & Industry v Goldberg

Judgment Date: 26 Nov 2003

A former director of several companies was to be disqualified from being concerned in the management of a company for a minimum of two years, where he had, inter alia, breached fiduciary duties owed as a director and ignored statutory obligations relating to the filing of accounts and returns.

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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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Re Promwalk Services Ltd

Judgment Date: 10 Dec 2002

The Registrar had been entitled to refuse an application for an adjournment of directors disqualification proceedings and to conclude that the appellant had been a director of the subject company at the material time.

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Re Phoneer Ltd

Judgment Date: 13 Dec 2001

Although not an act of the company, a director's conduct in withdrawing from the management of that company amounted to a breach of an agreement concerning the company's affairs and thus justified a winding-up petition under s.459 of the Companies Act 1985.

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Ashworth Frazer Ltd v Gloucester City Council

Judgment Date: 08 Nov 2001

A covenant in a lease by which the lessee agreed to erect a building development fit for uses within certain specified classes of the Town and Country (Use Classes) Order 1963 did not mean that the demised land could only be used for those purposes. A landlord would rarely be acting unreasonably in refusing consent to a proposed assignment on the ground that the assignee proposed to commit a breach of the user covenant in the lease.

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Re Britannia Homes Centres Ltd

Judgment Date: 07 Jun 2000

Applications for directors' disqualification made by the Official Receiver fell under the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 SI 1987/2023. An appeal from a decision of the county court to grant leave for a disqualified director to act for another company was to be heard by a single judge of the High Court. Although the company for which the applicant sought to act as a director was outside the jurisdiction of the court deciding the disqualification proceedings, that court did have jurisdiction to hear the application for leave to act because the application was part and parcel of the disqualification proceedings.

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Ashworth Frazer Ltd v Gloucester City Council (1999)

Judgment Date: 21 Dec 1999

This was an appeal from the decision of David Donaldson QC sitting as a Deputy Judge of the Chancery Division between the appellant, and its landlord, Gloucester City Council .

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Members
Andrew Westwood

Practice areas
Real Estate

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