Bishopsgate Investment Management Ltd v Maxwell (No. 2)
| Jurisdiction | England & Wales |
| Date | 1993 |
| Court | Court of Appeal (Civil Division) |
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81 cases
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Target Holdings Ltd v Redferns
...to enter into a transaction in which they would not have participated had there been no breach of trust. 45In Bishopsgate Investment Management Ltd. v. Maxwell (No. 2) [1994] 1 All E.R. 261 the plaintiff company was a trustee of a pension fund. It brought proceedings for breach of fiduciar......
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DPP v Haugh
...be they challenges for cause shown or without cause shown, and I do not propose to adopt the role adopted by the trial judge in the Maxwell case of using this or the replies to questionnaires as a kind of sieve, where I exercising my own judgment would rely on the answers to their questionn......
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Bristol and West Building Society v May May & Merrimans (A Firm)
...was difficult to reconcile with the Court of Appeal's decision in Bishopsgate Investment Management Ltd v Maxwell (No 2)UNK ([1994] 1 All ER 261), where the defendant, Mr Ian Maxwell, was held to be in breach of fiduciary duty in executing stock transfers without the authority of a board re......
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Hamilton and Another v Muhammad Naviede
...under 236(2) may be required to submit an 13 affidavit (or an affirmation) to the Court or to produce documents. 14 In Bishopsgate Investment Management Ltd v Maxwell [1993] Ch 1 this Court held that a person summoned to appear before the Court under section 236 could not rely on the privil......
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2 firm's commentaries
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The Goods on IP - April 2018
...the court may consider whether the patentee made reasonable efforts to ensure compliance with the marking requirements.[12]” In the Maxwell case, the patentee had ensured that 95% its products were marked, and only 5% of its products were unmarked due to non-compliance by a licensee.[13] Su......
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Farhadian Weinstein Calls For Tainted Rape Juries
...the box “no”? Even assuming some people can truthfully attest to having experienced none of the above, questionnaires like the one in the Maxwell case want to know what friends and family have suffered, too, making it tough to imagine who could possibly say “no” — if people are paying atten......
20 books & journal articles
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Cyberspace: the newest challenge for traditional legal doctrine.
...of Criminal Appeals In the military system, the Air Force Court of Criminal Appeals is an intermediate appellate court. To resolve the Maxwell case, the Air Force Court of Criminal Appeals faced Fourth Amendment questions concerning whether there was an expectation of privacy in e-mail tran......
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A global solution to multinational default.
...jurisdictional and choice-of-law decisions, but it is necessarily tied to hopelessly obsolete territorial choice-of-law rules.(183) The Maxwell case illustrates these points, because it involved the principal problem Professor LoPucki invokes against modified universalism -- the difficulty ......
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Police checkpoints: lack of guidance from the Supreme Court contributes to disregard of civil liberties in the District of Columbia.
...for police checkpoints to become routine parts of American life). (128) It must also be noted that the district court's reliance on the Maxwell case was misplaced, and it is telling that Judge Leon did not mention this in his opinion. Maxwell was decided before Edmond in a tribunal that is ......
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Choice of law in United States cross-border insolvencies.
...(227) of the bankruptcy court's granting a motion to dismiss for failure to state a claim, (228) Jay Lawrence Westbrook wrote: "[t]he Maxwell case as a whole is one of the most important transnational insolvencies of modern times." (229) This judgment has not needed to change with the passa......
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