Gemma Ltd ((in Liquidation)) v Davies and Another; Re Gemma Ltd ((in Liquidation))
Jurisdiction | England & Wales |
Neutral Citation | [2008] EWHC 546 (Ch) |
Date | 2008 |
Court | Chancery Division |
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8 cases
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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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Re Mumtaz Properties Ltd
...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......
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Ventures Food Ltd v Little Dessert Shop Limted
...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......
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Bishopsgate Contracting Solutions Ltd v David Thomas O'Sullivan
...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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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......