Gemma Ltd ((in Liquidation)) v Davies and Another; Re Gemma Ltd ((in Liquidation))
| Jurisdiction | England & Wales |
| Neutral Citation | [2008] EWHC 546 (Ch) |
| Date | 2008 |
| Year | 2008 |
| Court | Chancery Division |
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9 cases
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HM Revenue and Customs v Holland; Re Paycheck Services 3 Ltd
...to applications under the Company Directors Disqualification Act 1986. The following propositions (adapted from Re Gemma Limited [2008] EWHC 546 at [40] per Jonathan Gaunt QC) appear from the cases: 169.1 It is necessary to plead and prove that the person alleged to be a de facto director u......
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Manolete Partners Plc v Clifford Norman Smith
...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......
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Ventures Food Ltd v Little Dessert Shop Limted
...as brought 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......
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Hirst
...still required checks by the Company and thus he was a servant under the control of the Company.Director [17]In Gemma Ltd v DaviesUNK [2008] EWHC 546 (Ch) the High Court considered the definition of a "de facto director" and (at [40]) derived certain propositions from the relevant case (2) ......
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4 books & journal articles
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South Dakota State Medical Holding Company, Inc. v. Hofer: a deferential standard of review permits ERISA administrators to contravene their fiduciary obligations.
...500 F.3d 834 (8th Cir. 2007), cent. denied, 128 S. Ct. 1651 (2008). (16.) See Tara Parker Pope, Injured Woman Wins Wal-Mart Saga, N.Y. TIMES, Apr. 4, 2008, http://well.blogs.nytimes.com/2008/04/04/injured-woman-wins-wal-martsaga/ ?scp=1&sq=Walmart%20Shank&st=cse. "Wal-Mart announced......
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THE UNCERTAIN SCOPE OF THE DE FACTO DIRECTOR DOCTRINE.
...at para 82. (70) See Hollier, supra note 66 at para 66. (71) Ibid at para 68. (72) Ibid at paras 72-73. (73) Ibid at para 80. (74) [2008] EWHC 546 (Ch), [2008] BCC (75) Ibid at para 40. (76) Supra note 67. (77) Ibid at para 90. (78) Ibid at para 91. (79) Ibid at para 115. For a discussion o......
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Military lawyering and professional independence in the war on terror: a response to David Luban.
...HERALD, July 9, 2008, at A3. (40.) See William Glaberson & Neil A. Lewis, 2 Groups to Help Defend Detainees at Guantanamo, N.Y. TIMES, Apr. 4, 2008, at (41.) See, e.g., Press Release, Office of Commc'ns at Seton Hall Univ. School of Law, Seton Hall Law Students Uncover Proof that Guanta......
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Testing Japan's convictions: the lay judge system and the rights of criminal defendants.
...see also Police to Film Reading of Interrogation Logs: Lawyers Call for More Transparency and for Recording Entire Process, JAPAN TIMES, Apr. 4, 2008, available at http://search.japantimes.co.jp/cgi-bin/nn20080404a4.html [hereinafter Police to Film] (stating that the proposed system has bee......