Barings Plc, Re (No 5)
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Year | 1999 |
| Date | 1999 |
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122 cases
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Mark Simon Reynolds (as Liquidator of CSB 123 Ltd) v Caroline Stanbury
...to supervise the delegate. I have in mind in particular the analysis of Jonathan Parker J in re Barings plc and Others (No 5) [1999] 1 BCLC 433 at 486 to 489, basing himself on the decision of the Courts of Appeal in re Westmid Packing Services Ltd [1998] 2 BCLC 646, and on an earlier judge......
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Peter Dooley v Anthony Carmelos Norris
... ... (see generally Re Saul D Harrison & Sons plc [1995] 1 BCLC 14 and O'Neill v Phillips [1999] 1 WLR 1092, HL ) ... 56 The bench mark for liability (unfairness and prejudice) is a ... ...
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Re Vehicle Imports Ltd ((in Liquidation))
...S27 COMPANIES ACT 1990 S150 COMPANIES ACT 1990 S152 BARINGS PLC (NO 6), IN RE; SECRETARY OF STATE FOR TRADE & INDUSTRY V BAKER (NO 6) 1999 1 BCLC 433 HUNTING LODGES LTD, IN RE 1985 ILRM 75 Mr. Justice Roderick H. Murphy ISSUES 1 The issues which arise in this case are the following: 2 1. W......
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Richard Ciliang Yan v Mainzeal Property and Construction Ltd (in Liquidation)
...[2011] 2 SCR 175 at [55]–[57]. 139 Daniels v Anderson (1995) 16 ACSR 607 (NSWCA) at 668 cited with approval in Re Barrings plc (No 5) [1999] 1 BCLC 433 (Ch) at 488. See also Kee v Public Prosecutor [2003] 1 LRC 658 (High Court of 140 See above at [182]. 141 Debut Homes, above n 51, at [70]–......
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4 firm's commentaries
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Directors' Duties Under Cayman Islands Law
...enable them to properly discharge their duties as directors (Re Barings PLC, Secretary of State for Trade and Industry v Baker (No 5) [1999] 1 BCLC 433, 439 and confirmed in the Grand Court of the Cayman Islands first instance judgment in Weavering Macro Fixed Income Fund Limited (in liquid......
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Olympus Brings The Cayman Islands Into Global Focus Once Again - Time To Reflect On Weavering!
...also filed an appeal. Footnotes Tax-News – Global Tax News 14th November 2011 Telegraph 15th November 2011 Bloomberg 9th November 2011 1999, 1 BCLC 433 at p. 2 BCLC 646 at p. 653b-c Re Barings Plc, Secretary of State v Baker [1998] BCC 583 at p 586 The content of this article is intended to......
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Company Financial Statements Can Be Hazardous For Directors
...Journal of Corporate Law 196 5 Re Barings plc and others (No 5), Secretary of State for Trade and Industry v Baker and others (No 5) [1999] 1 BCLC 433 at 6 AWA Ltd v Daniels trading as Deloitte Haskins & Sells and Ors (1992) 7 ACSR 759 ("AWA v Daniels"), per Roger CJ at 865 7 Daniels an......
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Company Directors: Duties And Liability In Cayman Islands Law
...to the director's duty to supervise delegated functions: Re Barings PLC, Secretary of States for Trade and Industry v. Baker(No.5) [1999] 1 BCLC 433 which provided i) ''Directors have, both collectively and individually, a continuing duty to acquire and maintain a sufficient knowledge and u......
19 books & journal articles
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Chapter 7. The Reform of Directors’ Duties
...the cases cited in n 43, below. 42 See Insolvency Act 1986, s 214. 43 See: Re Landhurst Leasing plc [1999] 1 BCLC 286; Re Barings plc (No 5) [1999] 1 BCLC 433 at pp 486–89 per Jonathan Parker J, affirmed at [2000] 1 BCLC 44 These are referred to in Completing the Structure, above n 7, at pa......
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Chapter 2: The United Kingdom
...2015 s 110. 192 SBEEA 2015 s 107. 193 R v Young [1990] BCC 549. 194 Ibid. 553. 195 CDDA 1986 s 6. 196 [1987] BCLC 601. 197 Ibid. 198 [1999] 1 BCLC 433 (Ch). 199 Ibid. 200 [2001] BCC 273. 201 CDDA 1986 s 2. 202 [1984] Crim LR 302. of directors are in ss 104–11 of the Act. 185 Department for ......
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Chapter 1: Sharpening bankers' personal accountability
...[1992] BCLC 1047. 66 [1993] BCLC 654 (ChD). 67 [1995] 2 BCLC 63 (ChD). 68 [1994] 1 BCLC 716 (ChD). 69 [1993] BCLC 654 (ChD), p. 660. 70 [1999] 1 BCLC 433. Ibid., p. 526. 72 Ibid. 73 Ibid. 74 Ibid. 75 Ibid., p. 528. 76 D. Arsalidou, ‘The banking crisis: rethinking and refining the accountabi......
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Chapter 9. The Disqualification of Company Directors in the Management of Insolvent Companies
...1 BCLC 574. See further Griffin ‘The Burden of Proof in Disqualification Proceedings’ (1997) 18 Company Lawyer 24. 20 See Re Barings plc (No 5) [1999] BCLC 433. 21 The Human Rights Act 1998 gives effect to the rights and freedoms guaranteed under the European Convention of Human Rights Acco......
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