secondary sector examples

537 results for secondary sector examples

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  • Cavendish Square Holding BV (Appellant) v Talal El Makdessi (Respondent)

    ... 17th and 18th centuries the courts of equity treated as secondary obligations on the ground that the real intention was that they ... was typical of acquisition agreements in the marketing sector. As in this case, the vendor is typically the founder or operator ... out in Schedule 3 to the Regulations provide very good examples of terms which may be regarded as unfair; whether a given term is ...

  • Credit Suisse International v Stichting Vestia Groep, Court of Appeal - Commercial Court, October 03, 2014, [2014] EWHC 3103 (Comm)

    1. In these proceedings Credit Suisse International (``Credit Suisse'') claim €83,196,829 from Stichting Vestia Groep (``Vestia''), a Dutch social housing association (``SHA''), as money due under an International Swaps and Derivatives Association (``ISDA'') 2002 Agreement (the ``Master Agreement''), including a Credit Support Annex (``CSA'').

    ... ``BBSH'', or Decree on the Management of the Social Rental Sector), an order in council that was made in 1992 and came into force ... Mr Michael de Groot, Credit Suisse's Dutch law expert, secondary legislation broadly comparable for present purposes with a ... At this stage, I give two further examples of his dishonest answers from his cross-examination about the ...

  • ParkingEye Limited (Respondent) v Beavis (Appellant)

    ... 17th and 18th centuries the courts of equity treated as secondary obligations on the ground that the real intention was that they ... was typical of acquisition agreements in the marketing sector. As in this case, the vendor is typically the founder or operator ... out in Schedule 3 to the Regulations provide very good examples of terms which may be regarded as unfair; whether a given term is ...

  • Rocker v Full Circle Asset Management, Court of Appeal - Queen's Bench Division, November 23, 2017, [2017] EWHC 2999 (QB)

    1. In this action, commenced on 6 March 2015, the claimant, David Rocker (``Mr Rocker'') claims damages against the defendant, Full Circle Asset Management Limited (``FCAM'') for breach of contract, breach of statutory duty and negligence. 2. In May 2009, pursuant to an agreement between Mr Rocker and FCAM, Mr Rocker invested £1.5 million in a po...

    ... been distilled so as to comprise a primary case and a secondary case. 22. By his primary case, Mr Rocker contends that:. (1) FCAM ... related investments, stock markets, individual shares, sectors of stock markets, bonds and even real estate - long or short. .. ... and consent of Mr Rocker, relying on four particular examples. I do not agree. As regards a file note of 12 August 2010 ...

  • UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GMBH, Court of Appeal - Commercial Court, November 04, 2014, [2014] EWHC 3615 (Comm)

    1. In 2006 and 2007 the Leipzig municipal water company (``KWL'') sold credit protection to the investment bank UBS and to two other banks (``LBBW'' and ``Depfa'') on four portfolios of investment grade bonds and other securities. It did so by means of a series of complex derivative products known as Single Tranche Collateralised Debt Obligations (

    ...It saw this as an opportunity to expand its public sector lending expertise into more specialised non-lending transactions ...From a long list, four examples of his dishonesty will suffice. 74. First, he deliberately .... (7) The supposed distinction between primary and secondary victims, although sometimes a useful analytical tool, is ...

  • Jetivia SA & Anor v Bilta (UK) Ltd & Ors, Court of Appeal - Civil Division, July 31, 2013, [2013] EWCA Civ 968

    1. This is an appeal by the sixth and seventh defendants, Jetivia S.A. (``Jetivia'') and Mr Urs Brunschweiler (``Mr Brunschweiler''), against an order of the Chancellor of the High Court dismissing their applications for the summary dismissal or striking out of the claims against them in this action. The appeal is brought with the leave of the Cha...

    ..., and even nonexistent experience in this particular sector. (3) The pricing of the deals did not accord with legitimate .... 31. Other examples of civil liability being imposed upon a company based on the acts ... its employees' actions because it was also at least a secondary victim of those actions. In McNicholas the employee's fraudulent ...

  • Veolia ES Landfill Ltd & Anor, R (on the application of) v HM Revenue & Customs, Court of Appeal - Administrative Court, July 25, 2016, [2016] EWHC 1880 (Admin)

    1. There are two applications for judicial review before the Court which have been heard together, one by two companies in the Veolia group, and one by a number of companies in the Viridor group. Although it is necessary to distinguish between the two groups of claimants, it is not necessary to distinguish between the companies within each group a...

    ... on a landfill site was not taxable, gave illustrative examples of such use, and invited claims for repayment of landfill tax ... be treated as a taxable disposal of waste, and draft secondary legislation including a draft Landfill Tax (Prescribed Landfill ... concerned that opposing repayment might antagonise the sector but conceded that it would send a strong message that HMRC did ...

  • Hibberd-Little v Carlton, Court of Appeal - Queen's Bench Division, July 06, 2018, [2018] EWHC 1787 (QB)

    1 This is a claim for personal injury damages arising out of a road traffic accident. Liability is not in dispute, negligence having been admitted by the defendant at an early stage of the proceedings. The claim arises out of a rear-end collision on 29th March 2013 (Good Friday). The claimant (born on 16 April 1983, then aged 29) was driving a new

    ... had made a not dissimilar move into the lucrative private sector in a special advisory role. What this small part of the evidence ...There was none. Examples of the activities include these:. (1) From 2 April 2013 the ... [the claimant] suffered a subtle closed brain injury secondary to diffuse axonal injury'' (there then follows a list of 17 ...

  • Breyer Group Plc & Ors v Department of Energy and Climate Change, Court of Appeal - Queen's Bench Division, July 09, 2014, [2014] EWHC 2257 (QB)

    1. This large and (in some respects) novel claim arises out of the defendant's proposal, announced in a Written Ministerial Statement on Monday 31 October 2011 and a consultation document published on the same day, to bring forward the cut-off date by which certain Feed-in-Tariffs (``FIT'') at a particular rate would be paid to generators (or their...

    ... to encourage and drive cost reductions from the relevant sectors'', but paragraph 21 went on to say:. ``But any individual ... departments retrospectively to change either primary or secondary legislation are, happily, also rare. And, in my view, it will be ...These were examples of where, on the claimants' case, contractual arrangements had ...

  • Energy Venture Partners Ltd v Malabu Oil and Gas Ltd, Court of Appeal - Commercial Court, July 17, 2013, [2013] EWHC 2118 (Comm)

    1. In this claim, the Claimant, Energy Venture Partners Ltd (``EVP'' or ``the Claimant''), a company registered under the laws of the British Virgin Islands, seeks payment of fees allegedly due to it from the Defendant, Malabu Oil and Gas Ltd (``Malabu'' or ``the Defendant''), a company registered under the laws of Nigeria, in relation to the sale

    ... of industries, including in particular the oil and gas sector. 6. Mr. Obi dealt personally with all aspects of the transaction ... to summarise them by reference to EVP's primary and secondary cases and Malabu's defences. EVP's primary case: an express oral ...As another data point further to the right of the above examples in terms of deal complexity, I noted in my Report that ...

  • Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC, Court of Appeal - Commercial Court, March 23, 2017, [2017] EWHC 520 (Comm)

    Introduction1. This is a claim by the Claimant, Plantation Holdings (FZ) LLC (`Plantation') for some US$2 billion. Plantation is a Dubai company which was incorporated in 2004 for the purpose of developing an upmarket and exclusive polo facility on the outskirts of Dubai which was to include villas, a hotel, rented flats and business units (`Planta...

    ... for the primary obligations of the party in default a secondary obligation to pay monetary compensation for his non-performance. ... Vitol and the present case is that, in that case and the examples Lord Steyn gives, after the repudiatory breach, if the contract ... or investor with a specific requirement for the proposed sector. Based on my knowledge of the Dubai market, I do not believe that ...

  • Société Des Produits Nestlé SA v Cadbury UK Ltd, Court of Appeal - Chancery Division, January 17, 2014, [2014] EWHC 16 (Ch)

    1. In what circumstances can a trader secure a perpetual monopoly in the shape of a product by registering it as a trade mark? That is the question raised by this appeal by Société des Produits Nestlé SA (``Nestlé'') and cross-appeal by Cadbury UK Ltd (``Cadbury'') from a decision of Allan James on behalf of the Registrar of Trade Marks dated 20 Ju...

    ... the shape is therefore within the norms and customs of the sector and/or is a mere variant on common shapes for chocolate bars and ...Although some examples of advertising from 2003 and 2007 were provided, these did not ...Counsel's secondary submission was that, if (contrary to his primary submission) the ...

  • Littlewoods Retail Ltd & Ors v HM Revenue & Customs, Court of Appeal - Chancery Division, March 28, 2014, [2014] EWHC 868 (Ch)

    1. Over 13 days between 28 October and 13 November 2013 I heard the resumed trial of these two actions, in which the claimants (to which I will often refer collectively as ``Littlewoods'') seek to recover from the Commissioners for Her Majesty's Revenue and Customs (``HMRC'' or ``the Revenue'') the compounded use value of sums of money which they p...

    ... at the time of supply from the catalogue price of the ``secondary'' goods ordered by the agent, on the footing that the ... paid unduly in respect of production levies in the sugar sector determined on the basis of an invalid regulation are also ...433. The Revenue also seek to derive support from some examples given by Professor Burrows in the third edition (2011) of his ...

  • Flanagan v Liontrust Investment Partners LLP & Ors, Court of Appeal - Chancery Division, July 24, 2015, [2015] EWHC 2171 (Ch)

    1. This judgment deals with liability issues in an ``unfair prejudice'' petition under section 994 of the Companies Act 2006 brought by Eoghan Flanagan (``Mr Flanagan'') in relation to the affairs of a limited liability partnership, Liontrust Investment Partners LLP (``the LLP''). Mr Flanagan joined the LLP on 4 October 2011 and claims still to be

    ... are used in various places in the relevant primary and secondary legislation, they are nowhere defined. I respectfully agree with ... attractive compared to other funds operating in the same sector. Mr Hughes-Morgan describes the cumulative performance of the ... after it was served; and, in any event, improbable examples of this kind can always be constructed where there is a ...

  • ARB v IVF Hammersmith Ltd, Court of Appeal - Queen's Bench Division, October 06, 2017, [2017] EWHC 2438 (QB)

    1. Court Orders have been made, for obvious good reasons which will soon become apparent, anonymising the identities of a number of individuals, including (but not limited to) the Claimant (``ARB''), the Third Party (``R'') and their children. 2. ARB is the father, and R is the mother, of E who was born in the summer of 2011. E is by all accounts a...

    ... Embryology Act 1990 (``the 1990 Act''), as amended by secondary legislation and the 2008 Act, provides:. ``The following shall be ... employment in the Assisted Reproductive Therapies sector. Between 2008 and 2012 she was a Regulation Inspector/Methodology ...These are just two examples of mendacious embellishment on her part. 191. Even more ...

  • BDW Trading Ltd v Integral Geotechnique (Wales) Ltd, Court of Appeal - Technology and Construction Court, July 25, 2018, [2018] EWHC 1915 (TCC)

    1. This is a professional negligence claim brought by the claimant national housebuilder, which is part of the Barratt Group and which carries on business under the trade names Barratt Homes and David Wilson Homes (``BDW''), against the defendant firm of consulting engineers (``IGL''). The essential complaint is that IGL failed to give proper advi...

    ... Eight examples were given in the Amended Defence, although a number of those ... contract law principles as applicable to the construction sector and with access to legal advice if needed. . 164. It follows ... which were incurred in decontaminating the site (``the secondary case''). . 217. So far as the primary case is concerned BDW put ...

  • Various Claimants v Giambrone & Law (a firm) & Ors, Court of Appeal - Queen's Bench Division, July 07, 2015, [2015] EWHC 1946 (QB)

    1. Calabria is the Southern Italian region that forms the ``toe'' of Italy. It comprises the five provinces of Cosenza, Reggio Calabria, Catanzaro, Crotone and Vibo Valentia. The climate is Mediterranean as is its cuisine. The west-facing coastline borders the Tyrrhenian Sea and the east-facing coastline borders the Ionian Sea. Its overall extens...

    ... This was divided into various sectors which, in English, would be known as Emerald, Ruby, Sapphire A ...320. The examples I have given are simply examples. There may be others. It seems ... Equally, I will address the secondary argument of Mr Flenley that even if there was a breach of trust ...

  • UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GmbH, Court of Appeal - Civil Division, October 16, 2017, [2017] EWCA Civ 1567

    Lord Falconer, Mr Stephen Moriarty QC, Mr Richard Slade QC, and Mr Edward Harrison (instructed by Mayer Brown International LLP) for the UBS partiesMr Tim Lord QC, Mr Simon Salzedo QC, Mr Stephen Midwinter QC and Mr Craig Morrison (instructed by Addleshaw Goddard LLP) for KWLMr Andrew Mitchell QC and Mr Richard Power (instructed by Dentons

    ... KWL cross appeals on this issue. 68. UBS's secondary and alternative claim was for an equivalent sum from KWL by way ...Examples and contexts may be infinite, and any arrangement must be ... reasonably be regarded as "big bets" on any particular sector; and to ensure continuous monitoring of potential defaults in ...

  • Sharpe v The Worcester Diocesan Board Of Finance Ltd & Anor (Jurisdictional Points : Worker, employee or neither), Court of Appeal - United Kingdom Employment Appeal Tribunal, November 28, 2013, [2013] UKEAT 0243_12_2811

    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, compla...

    ...36. The principal examples of a rector's duties, as set out in the Canons, were found to be ... the designated body responsible for the ``employer's'' secondary Class 1 national insurance contributions, although the payments .... Many employees, particularly those working in the public sector, are offered, and accept, employment in occupations for which ...

  • Wiggins & Anor, R (on the application of) v Neath Port Talbot County Borough Council, Court of Appeal - Administrative Court, July 30, 2015, [2015] EWHC 2266 (Admin)

    1. This matter relates to the decision of the Defendant Council (``NPTCBC'') to close two primary schools in its area. The Claimant Ms Wiggins' 6 year old daughter attends Clun Primary School, and the Claimant Ms Jones' daughter attends Pontrhydyfen Primary School, which are the two schools concerned. Primary school education would be provided inst...

    ... Concrete examples of the process in the present case will illustrate what this ... that there are sufficient schools providing primary and secondary education for their area. Schools are regarded as sufficient if ...In the secondary sector there are approximately 6 TLR holders, and an Additional Learning ...

  • Reinhard v Ondra LLP & Ors (Rev 1), Court of Appeal - Chancery Division, January 14, 2015, [2015] EWHC 26 (Ch)

    1. This is the trial of liability of the claim by the Claimant (``Mr Reinhard'') for damages, declarations and other relief relating to a written contract with the first Defendant (``Ondra'') dated 15 July 2009 and countersigned by Mr Reinhard on 11 September 2009 (``the Contract''). Mr Reinhard joined Ondra on the terms of the Contract. The princ...

    ... the next partner level in the financial institutions/FIG sector. . d) Ondra was looking for an M&A banker with a focus on the ... Let me give two examples:. i) Mr Reinhard's case was that Mr Tory told him that Ondra ...The secondary nature of this provision is said to be evidenced by the fact that ...

  • Cotton & Ors, R (on the Application of) v Secretary of State for Work and Pensions & Ors, Court of Appeal - Administrative Court, October 22, 2014, [2014] EWHC 3437 (Admin)

    1. The Housing Benefit (Amendment) Regulations 2012 have been and remain controversial. They give effect to what the defendant Secretary of State for Work & Pensions calls the removal of the "spare room subsidy" and their opponents call the ``bedroom tax". There have already been several legal challenges to aspects of the Regulations. The present c...

    ... payable to claimants of working age who occupy social sector property. They provide for housing benefit to be paid according ... to the other parent (whom I shall describe as having secondary responsibility, although that phrase is not used in the ... support such as housing and welfare benefits, but the examples discussed (a family living in squalid conditions, or homelessness ...

  • Taberna Europe CDO II Plc v Selskabet AF1.September 2008 In Bankruptcy, Court of Appeal - Commercial Court, March 30, 2015, [2015] EWHC 871 (Comm)

    1. In these proceedings, the claimant (``Taberna'') claims substantial damages in respect of one or more alleged misrepresentations made by or on behalf of the defendant (``Roskilde'') which, it is said, induced Taberna into entering into a secondary market purchase of certain subordinated notes originally issued by Roskilde. 2. At the outset, it

    ... which, it is said, induced Taberna into entering into a secondary market purchase of certain subordinated notes originally issued ... profile in terms of retail lending, corporate lending and sector lending. In addition to that the credit department visits each ...I should emphasise that these are merely non-exhaustive examples of possible meanings that have been canvassed. I address this ...

  • Amey Birmingham Highways Ltd v Birmingham City Council, Court of Appeal - Technology and Construction Court, September 05, 2016, [2016] EWHC 2191 (TCC)

    This judgment will be in the following parts: (1) Introduction; (2) Pleadings and Procedure; (3) Dispute and Adjudicator's Decision; (4) Jurisdiction and Relief; (5) Background Facts; (6) Project Agreement; (7) Subsequent Facts; (8) Law; (9) Issue 1 -- Scope of the Agreement as set out in the Dispute; (10) Issue 2 -- Updating of the Agreement as

    ... in ABHL's opening as the largest Government Highways Sector PFI contract in the United Kingdom, was assessed in the total ... Main Distributor Network); NCIsec (which relates to the Secondary Distributor Network); NCIlink (which relates to the Link Road ...163. Further examples are then given of the impact of the approach of ABHL in respect ...

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    ... and clastic sediments within a Miocene volcanic caldera (examples include Pirquitas, Chinchillas, Cerro Potosi). . Property Geology ... survey shows a main northwest magnetic trend with secondary east-west and north-south trends. The main target sits within a ... because Mexico restricted foreign investment in the mining sector to 49% ownership in 1961 and did not revert to 100% ownership ...