Running of Company in UK Law

Leading Cases
  • Hawkes v Cuddy and Others (Nos 1 & 2)
    • Chancery Division
    • 13 Dec 2007

    The Hawkes/Cuddy agreement required any payments made by Neath to be approved by both Mr Hawkes and Mr Cuddy. There is no example of a request made by Mr Hawkes to Mrs Cuddy asking her to sign any cheque. Mr Hawkes' allegations of forgery against Mr Cuddy were hypocritical, in that to the extent that Mr Cuddy was guilty of forging his wife's signature on cheques, Mr Hawkes was equally guilty of inciting him to do so.

    Although the letter is undated, from its terms the letter purports to have been written on the day that Mrs Cuddy became the registered owner of one of the two shares in Neath. Mr Hawkes said that he did not see that letter at the time. He may genuinely have forgotten having seen the draft and in the light of the increasingly bitter feud between himself and Mr Cuddy have convinced himself that he had never seen it.

    The original agreement for the management of the Liberty Stadium had been a joint venture between Swansea City Council, Swansea City Football Club and the Ospreys. It was managed by a company in which all three were equal shareholders (“StadCo”). At the end of 2005 Swansea City Council wanted to withdraw from the joint venture and the question arose whether Swansea City Football Club and the Ospreys would carry on alone. The agreement to proceed was on the basis that these six points were met.

  • Secretary of State for Trade and Industry v Deverell and Another
    • Court of Appeal (Civil Division)
    • 21 Dec 1999

    But it is not necessary that such influence should be exercised over the whole field of its corporate activities. But it is not necessary that such influence should be exercised over the whole field of its corporate activities.

  • O'Neill v Phillips
    • House of Lords
    • 20 May 1999

    The first of these two features leads to the conclusion that a member of a company will not ordinarily be entitled to complain of unfairness unless there has been some breach of the terms on which he agreed that the affairs of the company should be conducted. Thus unfairness may consist in a breach of the rules or in using the rules in a manner which equity would regard as contrary to good faith.

    For example, there may be some event which puts an end to the basis upon which the parties entered into association with each other, making it unfair that one shareholder should insist upon the continuance of the association. The unfairness may arise not from what the parties have positively agreed but from a majority using its legal powers to maintain the association in circumstances to which the minority can reasonably say it did not agree: non haec in foedera veni.

  • Meyer v Scottish Co-operative Wholesale Society
    • House of Lords
    • 24 Jul 1958

    One of the most useful orders mentioned in the section—which will enable the Court to do justice to the injured shareholders—is to order the oppressor to buy their shares at a fair price: and a fair price would be, I think, the value which the shares would have had at the date of the petition, if there had been no oppression. The section gives a large discretion to the Court and it is well exercised in making an oppressor make compensation to those who have suffered at his hands.

See all results
Legislation
  • Small Business, Enterprise and Employment Act 2015
    • England & Wales
    • January 01, 2015
    ...... about the regulation of companies; to make provision about company filing requirements; to make provision about the disqualification from ... be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered;. . . (c) any appeal ......
  • Company Directors Disqualification Act 1986
    • UK Non-devolved
    • January 01, 1986
    ...... . a . ) to run from the date or event from which it was running. immediately before the appointed day, and. . . . b . ) to expire (subject to any provision of this Act for its extension). whenever it would ......
  • Postal Services Act 2011
    • UK Non-devolved
    • January 01, 2011
    ...... the issue and transfer of shares and share rights in a Post Office company etc). Ownership of the Royal Mail Ownership of the Royal Mail . S-2 . ... appeal has been brought and the period for bringing one is still running. . (8) References in this Part to Schedule B1 to the 1986 Act, or to a ......
  • Telecommunications Act 1984
    • UK Non-devolved
    • January 01, 1984
    ......, rights and liabilities of British Telecommunications in a company nominated by the Secretary of State and the subsequent dissolution of ... to as ‘the appointed day’), the exclusive privilege of running telecommunication systems conferred on British Telecommunications by ......
See all results
Books & Journal Articles
  • The role of boards in preventing economic crime
    • Nbr. 11-4, October 2004
    • Journal of Financial Crime
    • 342-346
    Reviews the progress in implementing better governance in companies worldwide; company boards have a vital role to play in this. Examines how the typical board functions in a commercial company, in...
    ......) cannot themselves, as a practical matter, directly engage in running the company's activities. They therefore designate agents Ð the board ......
  • Manufacturing in China: a UK firm case study
    • Nbr. 21-4, August 1999
    • Employee Relations
    • 430-436
    This case study narrates the experience of a medium‐sized UK manufacturing company in setting up and running a manufacturing plant in Shanghai, People’s Republic of China. It details how features o...
    ...... study narrates the experience of a medium-sized UK manufacturing company in setting up and running a manufacturing plant in Shanghai, People's ......
  • Who is Running British Manufacturing?
    • Nbr. 92-6, June 1992
    • Industrial Management & Data Systems
    • 13-16
    Reviews the “qualifications” of the main board directors in 55 of the UK′s largest manufacturing companies. Examines the performance of these companies to determine whether there is any possible as...
    ...... Nowher e i s thi s mor e tru e tha n i n Britain' s manufacturin g industry . A company' s busines s strateg y i s rarel y decide d b y on e individua l i n tota l isolation . I t i s muc h mor e likel y t o b e ......
  • Quality in industry and education: finding common ground
    • Nbr. 4-4, December 1996
    • Quality Assurance in Education
    • 4-8
    Explores a range of educational, managerial and quality issues associated with the running of in‐company, postgraduate management courses. Describes a postgraduate programme in total quality leader...
    ...... education- al, managerial and quality issues associated with the running of in-company, postgradu- ate, management courses. It is based on the ......
See all results
Law Firm Commentaries
  • SFO Prevails In First Contested Overseas Corruption Trial
    • JD Supra United Kingdom
    The U.K.’s Serious Frauds Office prevailed in its first overseas corruption trial, securing a jury verdict in its favor and against two former Innospec executives. The case stems from a referral by...
    ......The verdict also brings to a close the long running corruption investigations involving the company. . The SFO’s case ......
  • UK Equality Commission issues new sexual harassment guidance
    • LexBlog United Kingdom
    Earlier this month, the Equality and Human Rights Commission issued new guidance on sexual harassment and harassment at work. The guidance is very comprehensive, running to some 82 pages, but if yo...
    ......The guidance is very comprehensive, running to some 82 pages, but if you are responsible for drafting your company’s ......
  • Supreme Court Rules Bakery Did Not Discriminate Against Gay Customer
    • JD Supra United Kingdom
    The Supreme Court has this week handed down judgment in the long-running “gay cake” case (Lee v McArthur and Ashers Baking Company Limited). The bakery, which is in Northern Ireland and run by indi...
    .... The Supreme Court has this week handed down judgment in the long-running “gay cake” case (Lee v McArthur and Ashers Baking Company Limited).  ......
  • SAP’s Licensing Time-Bomb - Software giant’s victory in “indirect use” case is cause for concern for companies worldwide
    • JD Supra United Kingdom
    On February 16, 2017, the High Court of Justice in the United Kingdom held that Diageo plc, a global drinks company, was liable for unauthorized use of SAP software as a result of failing to secure...
    ...... in the United Kingdom held that Diageo plc, a global drinks company, was liable for unauthorized use of SAP software as a result of failing to ... sales representatives who used certain third party applications running on a Salesforce platform that accessed and exchanged data with SAP ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT