Gemma Ltd ((in Liquidation)) v Davies and Another; Re Gemma Ltd ((in Liquidation))

JurisdictionEngland & Wales
Neutral Citation[2008] EWHC 546 (Ch)
Date2008
CourtChancery Division
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8 cases
  • Manolete Partners Plc v Clifford Norman Smith
    • United Kingdom
    • Chancery Division
    • February 23, 2022
    ...21 Mr Hunter referred to a decision of Jonathan Gaunt QC sitting as a deputy judge of the High Court in Re Gemma Ltd (in liquidation) [2008] BCC 812. The company's liquidator brought misfeasance proceedings against a husband and wife, alleging that the wife was a de facto director of the co......
  • Re Mumtaz Properties Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • May 24, 2011
    ...which the judge summarises in paragraph 9 of his judgment: "9. Guidance upon the definition of a "de facto" director was provided in Gemma Ltd v Davies [2008] BCC 812, at Para 40. In order to show that a party is a de facto director for the purposes of S.212 of the Act: 1. The Applicant mus......
  • Ventures Food Ltd v Little Dessert Shop Limted
    • United Kingdom
    • High Court
    • September 30, 2022
    ...rests solely on the throwaway assertion that he was a de facto or shadow director. Such laxity is unforgiveable. In Gemma Ltd v Davies [2008] BCC 812, it was reiterated that in order to show that a person was a de facto director (so as to fix them with liability under section 212 of the Ins......
  • Bishopsgate Contracting Solutions Ltd v David Thomas O'Sullivan
    • United Kingdom
    • Queen's Bench Division
    • July 30, 2021
    ...to the benefit of the doubt.” 154 I note that the dictum about the benefit of the doubt was cited with approval in Gemma Ltd v Davies [2008] BCC 812 Ch [40] and by the Court of Appeal in Ahmed & others v Wetton [2011] EWCA Civ 610 155 Hildyard J's reference to Jacob J was to what the latte......
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4 books & journal articles

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