Summary The appropriate test for permission to bring a derivative claim was the view of a hypothetical and independent board of directors, and a court had not to assert its own view but merely be satisfied that such a board could take the decision that the minority shareholder applying for...

Summary An individual through his control of a corporate director could constitute himself a de facto director of a subsidiary company; whether he did so would depend on what he procured the corporate director to do. Facts The applicant secretary of state applied under the Company Directors Disqualification Act 1986 s.6...

Summary There was no equivalent in the Civil Procedure Rules 1998 to the express requirement in the Rules of the Supreme Court O.18 r.8(1)(b) that it was necessary to plead foreign law. However, it would be inconsistent with Part 16 r.16.4(1)(a) of the 1998 Rules and with the overriding objective to...

Summary Where the defendants had exercised control over three companies in an area of corporate affairs as critical as the application of trading income and the payment of trade creditors, they had been directors or shadow directors, and their conduct in trading to the detriment of creditors and failing to...

Summary A judge should have declined to decide as preliminary issues questions that ultimately involved issues of fact and not law, since his conclusion could only have been reached on the assumption that all the facts alleged and no others were established at trial. The judge had been wrong in...

Summary An incorporeal hereditament, such as the right to use a parking space, could constitute premises for the purposes of the Landlord and Tenant Act 1954 s.23 . In order to occupy premises for the purposes of s.23 a tenant did not have to be physically present in the premises if he...

Summary The parties had not reached a oral agreement providing one party with an extension of time by which to deliver an environmental report. Even if there had been an oral agreement, the court would have been bound to declare that no agreement had actually been concluded as the parties...

Summary In seeking an order that the appellant should be disqualified from acting as a company director, the secretary of state had been entitled to rely on his failure to cooperate with the Financial Services Authority and the Official Receiver. Facts The appellant (G) appealed against an order disqualifying him...

Summary A claim to certain shares on the basis that they were held on a constructive trust was statute-barred because the shares had come into existence only as a result of the transaction impeached, so that the constructive trust alleged was not of a kind that fell within the exception...