Company in UK Law
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Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
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The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.
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Meyer v Scottish Co-operative Wholesale Society
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"In my view", he said, "the section warrants the Court in looking at the business realities of a situation and does not confine them to a narrow legalistic view.
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Tesco Supermarkets Ltd v Nattrass
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A corporation has none of these: it must act through living persons, though not always one or the same person. Then the person who acts is not speaking or acting for the company. He is acting as the company and his mind which directs his acts is the mind of the company. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company.
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Regal (Hastings) Ltd v Gulliver
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The rule of equity which insists on those who by use of a fiduciary position make a profit, being liable to account for that profit, in no way depends on fraud, or absence of bona fides; or upon such questions or considerations as whether the profit would or should otherwise have gone to the Plaintiff, or whether the profiteer was under a duty to obtain the source of the profit for the Plaintiff, or whether he took a risk, or acted as he did for the benefit of the Plaintiff, or whether the Plaintiff has in fact been damaged or benefited by his action.
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Amalgamated Investment & Property Company Ltd v Texas Commerce International Bank Ltd
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When the parties to a transaction proceed on the basis of an underlying assumption—either of fact or of law—whether due to misrepresentation or mistake makes no difference—on which they have conducted the dealings between them—neither of them will be allowed to go back on that assumption when it would be unfair or unjust to allow him to do so. If he does seek to go back on it, the courts will give the other such remedy as the equity of the case demands.
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Freeman & Lockyer (A Firm)(Plaintiffs) Buckhurst Park Properties (Mangal) Ltd and Shiv Kumar Kapoor (Defendants)
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In this case the company has known of and acquiesced in the agent professing to act on its behalf, and thereby impliedly representing that he has the company's authority to do so. The company is considered to have made the representation, or causod it to be made, or at any rate to be responsible for it. Accordingly, as against the other contracting Party, who has altered his position in reliance on the representation, the company is estopped from denying the truth of the representation.
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Adams v Cape Industries Plc
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As Sir Godfray submitted, save in cases which turn on the wording of particular statutes or contracts, the court is not free to disregard the principle of Salomon v. Salomon merely because it considers that justice so requires.
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Denmark: Company Draining
A new phrase has been introduced in Denmark in the field of financial crimes called ‘Company Draining’, and the Public Prosecutor of Commercial Crimes is presently investigating 2,000 cases involvi...
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Baan Company.
...Baan Company has appointed Keith Simpson as its new UK business development director. Following its recent acquisition, Baan is now an integrated part of the Software Systems division of Ivenseys. Previously, Simpson held a business development role ......
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Present company.
...I was disappointed that my name was not listed among those of the past presidents who attended the service of thanksgiving for the life of Vice-Admiral Sir George Vallings KCB at Guildford Cathedral (First in, April). I had the greatest regard and re......
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Corporate Mobility and Company Law
Globalisation has given commercial parties more freedom to choose the company law system that best suits their private needs. The growing range of techniques to facilitate choice between systems of...
- Company Incorporation
- Company Culture
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Directors' dealings and company assets
A recent challenge in the High Court by liquidators to recover assets from a director of an insolvent company has highlighted various points of company law. In particular, the court had to consider...
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New PRA webpage – holding company approvals
On 12 April 2021, the PRA published on its website a holding company approvals page. Part 12B of the Financial Services and Markets Act 2000 requires certain parent financial holding companies and ...
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Record of evidence (Officer of a company)
County Court forms including the N1 money claim form.
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Application for order that officer of the debtor company attend court for questioning
County Court forms including the N1 money claim form.
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Demand immediate payment of a debt from a limited company ('statutory demand')
Forms relating to bankruptcy and insolvency, including the application for a certificate to show your bankruptcy has ended.
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Apply to wind up a company that owes you money
Forms relating to bankruptcy and insolvency, including the application for a certificate to show your bankruptcy has ended.