Running of Company in UK Law

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

    (2) The purpose of the legislation is to identify those, other than professional advisers, with real influence in the corporate affairs of the company. (2) The purpose of the legislation is to identify those, other than professional advisers, with real influence in the corporate affairs of the company.

  • Hawkes v Cuddy and Others (Nos 1 & 2)
    • Chancery Division
    • 13 Diciembre 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.

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

    But the second leads to the conclusion that there will be cases in which equitable considerations make it unfair for those conducting the affairs of the company to rely upon their strict legal powers. 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.

  • Grace v Biagioli and Others
    • Court of Appeal (Civil Division)
    • 04 Noviembre 2005

    The prospective nature of the jurisdiction is reflected in the fact that the court must assess the appropriateness of any particular remedy as at the date of the hearing and not at the date of presentation of the petition; and may even take into account conduct which has occurred between those two dates. The court is entitled to look at the reality and practicalities of the overall situation, past, present and future.

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Legislation
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... for payment service providers in regulation 62;“trust or company service provider” has the meaning given in regulation 12(2) .F519“UK ... given in section 10(1) (b) of the Consumer Credit Act 1974 (running-account credit and fixed-sum credit) ) in relation to the provision of ... ...
  • Corporation Tax Act 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ... ... (c) TCGA 1992 (so far as relating to chargeable gains accruing to a company in respect of which the company is chargeable to corporation tax) ... 668: Shares acquired on running of future to delivery ... (1) This section applies if—(a) a company is ... ...
  • Consumer Rights Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
  • Company Directors Disqualification Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ... ... ) any period of time so specified and current is deemed for the purposes of this Act—(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 have expired if ... ...
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Books & Journal Articles
  • Manufacturing in China: a UK firm case study
    • No. 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...
    ... ... of a medium-sized UK manufacturingcompany in setting up and running a manufacturing plant in Shanghai, People's Republic ofChina. It details ... resourcepolicies and the management practices of the UK parent company were successfully transferredand adapted to the unique labour market and ... ...
  • The role of boards in preventing economic crime
    • No. 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, directlyengage in running the company's activities. Theytherefore designate agents Ð the board Ð ... ...
  • Quality in industry and education: finding common ground
    • No. 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...
    ... ... the education-al, managerial and quality issues associatedwith the running of in-company, postgradu-ate, management courses. It is based on ... ...
  • The Egyptian public sector: The control structure and efficiency considerations
    • No. 3-1, January 1983
    • Public Administration and Development
    The Egyptian public sector is labouring under a mass of legal controls which are proving an obstacle to its efficient running. A variety of government agencies, as well as the Board of Directors an...
    ... ... controls which are proving an obstacle to its efficient running. A variety of government agencies, as well as the Board of irectors and the General Assembly, are burdening each company with regulations and demands for information. The little ... ...
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Law Firm Commentaries
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