Gosling v Gaskell
Jurisdiction | England & Wales |
Date | 1896 |
Court | Court of Appeal |
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45 cases
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Julie Anne Davey v James Money
...Walker [1982] 1 WLR 1410 at 1415–1416, “So far as the receiver is concerned, the law is well stated by Rigby L.J. in Gaskell v. Gosling [1896] 1 Q.B. 669, a dissenting judgment which was approved by the House of Lords [1897] A.C. 575. The receiver is the agent of the company, not of the deb......
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Dolphin Quays Development Ltd v Mills (aka Mills v Birchall)
...Law of Property Act 1925 and the terms of clause 5.3 of the Charge. He drew my attention to the dissenting judgment of Rigby LJ in Gaskell v Gosling [1896] 1 QBD 669, upheld by the House of Lords in Gosling v Gaskell [1897] AC 575, to the effect that one result of that provision is: “that a......
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Ventra Investments Ltd (in creditors' voluntary liquidation) v Bank of Scotland Plc
...provided that the Receivers should be agents for VIL. It was also common ground that, as stated by Rigby LJ in Gaskell v Gosling [1896] 1 QB 669 at 697: .. [A] receiver and manager appointed by a mortgagee under an agreement that he shall be the agent of the mortgagor is in the same positi......
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Ratford v Northavon District Council
...the agency was, in my opinion, a real one. This is shown by the dissenting judgment of Lord Justice Rigby in Gaskell v. Gosling, [1896] 1 Queen's Bench 669, which was upheld by the House of Lords, [1897] Appeal Cases 575. Lord Justice Rigby, [1896] 1 Queen's Bench (at p.696) referred to th......
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7 books & journal articles
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Table of Cases
...Jervis and Others v Pillar Denton Ltd [2014] EWCA Civ 180, [2014] 3 WLR 901 169 Garner v Murray [1904] 1 Ch 57 270 Gaskell v Gosling [1896] 1 QB 669 210, 213 Gerald Cooper Chemicals Ltd, Re [1978] Ch 262 549 GHE Realisations Ltd, Re [2005] EWHC 2400 (Ch) 164, 182 Gilford Motor Co Ltd v Horn......
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Receivership
...and is not entitled to give any instructions to the receiver or to dismiss the receiver. In the words of Rigby LJ in Gaskell v Gosling [1896] 1 QB 669, 692: ‘For valuable consideration he has committed the management of his property to an attorney whose appointment he cannot interfere with’......
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DUTIES OF A MORTGAGEE AND A RECEIVER: WHERE SINGAPORE SHOULD AND SHOULD NOT FOLLOW ENGLISH LAW
...eg, Palk v Mortgage Services Funding plc[1993] Ch 330 (CA) at 338 and Medforth v Blake[2000] Ch 86 (CA) at 92, 102. 53 Gaskell v Gosling [1896] 1 QB 669 (CA) at 691 (Rigby LJ) (“almost penal liabilities imposed upon a mortgagee in possession”). The dissenting judgment of Rigby LJ was affirm......
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RECEIVERSHIP, LIQUIDATION AND TORRENS LAND: MAPPING THE BOUNDARIES
...company. 4 See R Jaffe Ltd v Jafe[1932] NZLR 195. 5 Cryne v Barclays Bank plc [1987] BCLC 548. 6 See Rigby LJ in Gaskell v Gosling[1896] 1 QB 669 at 692; this dissenting judgment was later approved by the House of Lords allowing the appeal: Gosling v Gaskell[1897] AC 575. See also United Ma......
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