Burnden Holdings (Uk) Ltd v Fielding
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Judgment Date | 2019 |
| Neutral Citation | [2019] EWHC 1566 (Ch) |
| Date | 2019 |
| Year | 2019 |
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20 cases
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Anthony John Wright and Geoffrey Paul Rowley & Ors v Dominic Joseph Andrew Chappell & Ors (Re BHS Group Ltd & Ors (in liquidation))
...in support of that proposition they cited Green v Walkling [2008] BCC 256 at [34] to [38] (Bernard Livesey QC), Burnden Holdings (UK) Ltd v Fielding [2019] EWHC 1566 (Ch) at [158] (Zacaroli J) and Pro4Sport Ltd (in liquidation) v Adams [2016] 1 BCLC 257 at [45] and [46] (HHJ Behrens). They ......
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Manolete Partners Plc v Paul Anthony Rutter
...as to the liability of a director for causing the company to pay an unlawful dividend were as recently summarised in Burnden v Fielding [2019] EWHC 1566 (Ch): “First, directors, although not trustees, were to be treated as if they were trustees in relation to the company's funds. Second, if......
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Invest Bank P.S.C. v Ahmad Mohammad El-Husseini
... ... , it is said, to mitigate the impact of a publicised change to the UK inheritance tax regime which came into force on 4 April 2017) ... (9) “Marquee” and “Norton BVI”. Marquee Holdings Limited was a Jersey company which was the registered owner of two ... money) – see Hill v Spread [2007] 1 WLR 2404 and Hunt v Fielding [2019] Bus LR 2878 at [509]–[512] ... 70 Time can ... is six years from the date the cause of action accrued (see Burnden Holdings (UK) Ltd [2019] Bus LR 2878 , [512]). The transaction ... ...
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Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn
...during it they relied, reasonably and responsibly, on the advice of BDO. Mr Lewis cites by analogy the dictum of Zacaroli J in Burnden Holdings (UK) Ltd v Fielding [2019] EWHC 1566 (Ch), [2019] Bus LR 2878 at [158]: “The question whether there are sufficient distributable profits may turn ......
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3 firm's commentaries
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Re-Assessing Directors' Liability For Unlawful Dividends: Practical Implications For Companies And Officeholders
...officeholder to prove that the directors knew that those facts made the dividend unlawful: Burnden Holdings (UK) Ltd v Fielding [2019] EWHC 1566 (Ch). Where directors are unaware of the relevant facts, the High Court has held that the directors will not be liable provided that they had take......
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Will Director/Shareholders Always Be Liable To Repay Unlawful Dividends?
...is a decision to declare an interim dividend a decision? The latest case is Burnden Holdings (UK) Ltd (in liquidation) v Fielding [2019] EWHC 1566 (Ch), in which the High Court had to consider a number of key principles regarding the payment of dividends and the circumstances in which the d......
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English Court Provides Guidance On Director Liability For Dividends
...SUMMARY recent decision of the High Court of Justice in England & Wales in Re Burnden Holdings (UK) Limited (in liquidation) [2019] EWHC 1566 (Ch) ("Burnden Holdings") provides a thorough review of English dividends law, including director liability in particular. It also provides helpf......
