Summary The negligent failure of a solicitor to advise the claimant as to the effect of a change of control article in the articles of association of a joint venture company had not caused the claimant any loss since the court was satisfied that, even given the correct advice, he...
Summary The adoption by the respondent company directors of a policy of deliberate non-payment of income tax, so that the company could continue to pay its trade creditors, was misconduct that constituted unfitness for the purposes of s.6 Company Directors Disqualification Act 1986. Facts Appeal by the Official Receiver from the...
Summary Where a director opposed a petition to wind up a company, and that opposition was withdrawn at a late stage, whether the director was entitled to his costs was a discretionary matter for the court which turned on the facts of the case in issue. Facts Petitions by the...
Summary Where a claimant had suffered loss by reason of an error on the land register and was entitled to an indemnity by virtue of s.83(2) Land Registration Act 1925 it was not appropriate to apply a "but for" test in considering whether the claimant's loss had been caused "wholly" as...
Summary Agreements under which the claimants were appointed as the defendants' agents for the purpose of procuring new customers for the defendants in the newly deregulated gas and electricity supply industries were governed by the Commercial Agents (Council Directive) Regulations 1993 SI 1993/3053. Facts Trial of two preliminary issues to determine whether...
Summary 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...
Summary 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...
Summary The Legal Aid Board's appeal committee had failed to identify reasons for the revocation of the applicant's legal aid certificate. Therefore its decision was quashed on judicial review and the case remitted for rehearing. Facts The applicant ('X') challenged by way of judicial review a decision by the appeal...
Summary Claimants' appeal from the decision of Laddie J on the trial of a preliminary issue as to the effect upon these proceedings of a settlement agreement ('the agreement') made between the claimants and the third parties. Facts The defendants submitted, and Laddie J held, that the effect of the...