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Aveling Barford Ltd v Perion

Cited in 59 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Date1989
CourtChancery Division
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47 cases
  • Progress Property Company Ltd v Moore and another
    • United Kingdom
    • Supreme Court
    • 8 December 2010
    ...Whether a transaction amounts to an unlawful distribution of capital is not simply a matter of form. As Hoffmann J said in Aveling Barford Ltd v Perion Ltd [1989] BCLC 626, 631, "Whether or not the transaction is a distribution to shareholders does not depend exclusively on what the partie......
  • Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 18 October 2013
    ...[15]. 204 The judgments of Lord Walker and Lord Mance in Progress Property at [1], [16]-[31], [36], [42], and of Hoffmann J in Aveling Barford Ltd v Perion Ltd [1989] BCLC 626, identify the correct approach to transactions impugned on this basis. Whether a transaction infringes the rule is......
  • Progress Property Company Ltd v Moorgarth Group Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • Invalid date
    ......In re Halt Garage ( 1964 ) Ltd [ 1982 ] 3 All ER 1016 and Aveling Barford Ltd v Perion Ltd [ 1989 ] BCLC 626 distinguished. Decision of David Donaldson QC [ 2008 ......
  • David Dully v Athlone Town Stadium Ltd
    • Ireland
    • Court of Appeal (Ireland)
    • 17 December 2021
    ...Liquidation) [1994] 1 ILRM 387) and in some cases in breach of the rules of capital maintenance ( Re Aveling Barford Ltd. v. Perion Ltd. [1989] BCLC 626). As the statutory regulation of limited companies has become more developed, legal objections to such dispositions have presented themsel......
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1 books & journal articles
  • Virtual Justice: The Flawed Prosecution of Crime in America.
    • United States
    • Michigan Law Review Vol. 96 No. 6, May 1998
    • 1 May 1998
    ...Is Denied a New Trial, N.Y. TIMES, Nov. 14, 1995, at B4. (14.) See, e.g., Michael T. Kaufman, New Yorkers Wrestle with a Crime, N.Y. TIMES, Apr. 28, 1989, at A1 (noting that "[a] week after a jogger was raped and left grievously injured in Central Park during a rampage by teen-agers, New Yo......

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