negotiable instruments articles

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62 documents for negotiable instruments articles
  • 1. The Claimants (``Cs'') claim damages for personal injury. I trust they will not be offended if, rather than referring to them by name, I refer to them as C1, C2 etc. The Defendant (``D'') is a company registered in England. It manufactured prosthetic hip implants in England. 2. None of the Cs, has, at any material time, been resident in England. C1, C2, and C4 had prosthetic hips implanted in New Zealand. C3's hip was implanted in Australia and C5 - C10 in South Africa. 3. As D is domiciled in England, Cs are entitled as of right to bring their claim here, whether or not England is otherwise the appropriate forum. The dispute before me concerns preliminary issues on the applicable law and, if English law applies to any claim, does the Consumer Protection Act 1987 apply? 4. The p...

    ... (EGRD) occur before 11 January 2009? See Articles 31 and 32 of Rome II. On Cs' case the EGRD for ... matters [5] (Brussels I) and the instruments dealing with the law applicable to contractual ... cheques and promissory notes and other negotiable instruments to the extent that the obligations ...

  • This appeal raises the question whether the Claimant, an ordained Minister in the Church of England, was working under a contract of employment, or was alternatively a ``worker'' within the meaning of s.43K ERA after he was appointed as Rector in the Teme Valley South Benefice, in the Diocese of Worcester. He presented two claims to the ET, complaining that he had suffered detrimental treatment, as a result of making protected disclosures, and that he was then constructively and unfairly dismissed. After a pre-hearing review the ET held that there was no jurisdiction to determine his claims because there was no contract in existence between the parties and, further, the Claimant did not fall within the statutory definition of ``worker''. After oral argument, the appeal was stayed pendin...

    ... priest must not teach outside of the 39 Articles of the Church of England and to do so would be a ... ``the ministry described in these instruments is a vocation, by which candidates submit ... the number of standard, or non-negotiable terms and conditions, it does not in my judgment ...

  • 1. The issue that arises for determination in this claim is the true interpretation of Clause 3.1.1 of a Legal Charge dated 29 September 2008 made between the Claimant, Fons HF (``Fons'') (1) and Kaupthing Bank Luxembourg S.A. (``Kaupthing'') (2) (``the Charge''), and whether the first legal mortgage of ``the Shares'' provided for thereby extends to Fons' rights under two shareholder loan agreements dated 17 October 2007 and 15 February 2008 (``the SLAs'') pursuant to which Fons lent the respective sums of £563,500 and 35% of £1,500,000 to Corporal Limited (``Corporal''), a company in which Fons was the holder of both ordinary and preference shares. 2. The expression ``Shares'' referred to in Clause 3.1.1 of the Charge was defined by Clause 1.1 thereof to mean: ``All shares (if any) specif...

    ...8. On the same day Corporal adopted new Articles of Association, entered into a facility agreement ...57.4 ``Warrants '' - a warrant is a negotiable instrument that entitles the bearer to the shares ... of money'', and was not confined to instruments creating proprietary rights of any kind, or ...

  • Section 11 of the Act provides that where the Government of the United Kingdom becomes bound to make a relevant payment to a multilateral development bank the Secretary of State may make the relevant payment and other associated payments specified in section 11(3). “Relevant payment” in relation to such a bank includes a further payment to the bank required to be made by its members under any arrangements beyond the initial subscription or other initial contribution to the capital stock of the bank. The International Bank for Reconstruction and Development referred to in this Order comes within the definition, in section 11(2) of the Act, of a “multilateral development bank”. In accordance with section 11(4) of the Act, this Order is made with the approval of the Treasury. In accordance wi...

    Statutory Instruments. International Development. Made. 12 th December ...“the Agreement” means the Articles of Agreement of the International Bank for ... any non-interest-bearing and non-negotiable notes or other obligations which may be issued or ...

  • ... documents have come to be accorded negotiable status e.g. the bill of exchange. However other ... depository institutions; negotiable instruments are giving way to electronic fund transfers; ...

  • 1. This case is a dispute between a bank and a hedge fund about whether a handful of instant message communications resulted in a binding contract or contracts and, if so, between which parties and on what terms. But the issue presently for decision is whether these issues should be determined in London or New York (or possibly Luxembourg). As is often the case in commercial disputes, particularly in cases where tens of millions of dollars are at stake and it is thought that where the case is fought may well determine the eventual outcome, the parties and their lawyers have left no stone unturned in seeking respectively to establish or to challenge the jurisdiction of the English court over this dispute. 2. There are two applications to be determined. The first is a challenge by the secon...

    ... purpose of the Markets in Financial Instruments Directive (2004/39/EC) and its implementing ... can also be founded under other Articles in addition, again applying the test of good ... for the sale of goods (the Notes being negotiable instruments). Thus, prima facie, Article 5(1)(b) ...

  • ... or immovable, and legal documents or instruments evidencing title to, or interest in such ... stocks, bonds, shares, bearer bonds, negotiable instruments, investment funds etc held by, or on .... 108. Section 2, comprising articles 8 to 10, is concerned with investigative ...

  • ... or immovable, and legal documents or instruments evidencing title to, or interest in such ... stocks, bonds, shares, bearer bonds, negotiable instruments, investment funds etc held by, or on .... 108. Section 2, comprising articles 8 to 10, is concerned with investigative ...

  • This is an appeal from a judgment of Langley J dated 9th June 1999. He decided certain preliminary issues in favour of the third defendant Banque Paribas (Paribas). Those preliminary issues raised important questions in relation to the operation of a confirmed "deferred payment" letter of credit a creature of relatively new invention, and how the "fraud exception" operates in relation to such instruments. The questions arise on the assumption that the following was the sequence of events. Paribas issued a deferred payment letter of credit on 5th June 1999 in favour of Bayfern Limited (Bayfern) requiring presentation of documents at the counters of Banco Santander (Santander) (the claimants) in London at any time until 15th September 1999; the deferred payment was promised at 180 days f...

    ..."reimbursement" under one or other of the articles of the UCP? It is not suggested by either side ... A negotiable instrument was produced which could be discounted ...

  • Section 11 of the Act provides that where the Government of the United Kingdom becomes bound to make a relevant payment to a multilateral development bank the Secretary of State may make the relevant payment and other associated payments specified in section 11(3). “Relevant payment” in relation to such a bank includes a further payment to the bank required to be made by its members under any arrangements beyond the initial subscription or other initial contribution to the capital stock of the bank. The International Bank for Reconstruction and Development referred to in this Order comes within the definition, in section 11(2) of the Act, of a “multilateral development bank”. In accordance with section 11(4) of the Act, this Order is made with the approval of the Treasury. In accordance wi...

    Statutory Instruments. International Development. Made. 12 th December ...“the Agreement” means the Articles of Agreement of the International Bank for ... any non-interest-bearing and non-negotiable notes or other obligations which may be issued or ...

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