Grovewood Holding Plc v James Capel & Company Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 19 July 1994 |
| Date | 19 July 1994 |
| Court | Chancery Division |
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57 cases
- Anstella Nominees Pty Ltd v St George Motor Finance Ltd
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Rattle Plant Hire Ltd v Secretary of State for the Environment Food and Rural Affairs (No. 2)
...1986 which gives the liquidator the power to sell causes of action in exchange for a share of the recovery. I was referred to Grovewood Holdings v. James Capel [1995] Ch 80 and Norglen Ltd v Reeds Rains Prudential Ltd [1999] 2 AC 1. Ruttle therefore submits that, absent clear wording to t......
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Stocznia Gdanska Sa v Latreefers Inc.
...any proceedings pursuant to that agreement were an abuse of the process and should be stayed. He was referred to Grovewood Holdings plc v. James Capel & Co Ltd [1995] Ch. 80. It was submitted in the alternative that the proceedings before him should be adjourned until the outcome of the sim......
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Abraham v Thompson
...Iron Co LtdELR[1955] Ch 363 applied; dicta of Lightman J in Grovewood Holdings Ltd v James Capel & Co LtdUNK[1995] BCC 760 at p. 766; [1995] Ch 80 at p. 88 doubted.) The following cases were referred to in the judgments: Bekhor (A J) & Co Ltd v BiltonELR [1981] QB 923. Bowring (C T) & Co (I......
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1 firm's commentaries
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Litigation Funding In Jersey
...them to bring proceedings to vindicate their rights." The Defendant relied on the case of Grovewood Holdings PLC v James Capel and Co Ltd [1995] Ch 80 in which Lightman J had held that where proceedings were found to be maintained champertously they should be stayed. However, the Court pref......
3 books & journal articles
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The Trendtex Principle in Australian Law: Context and Recent Developments
...J); Cotterill v Bank of Singapore (Australia) Ltd (1995) 37 NSWLR 238, 254 (Bainton J); Grovewood Holdings Plc v James Capel & Co Ltd (1995) Ch 80, 86 (Lightman J); Re Daniel Efrat Consulting Services Pty Ltd (in liq) (1999) 91 FCR 154 [26] (Branson J); Campbells Cash and Carry Pty Limited ......
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CONTRACTUAL ILLEGALITY AND CONFLICT OF LAWS
...not enforce champertous agreements. See also Grell v. Levy(1864) 16 C.B. (N.S.) 73 and Grovewood Holdings Plc v. James Capel & Co. Ltd.[1995] 2 W.L.R. 70. It would appear from these two cases, that a champertous contract is illegal. For maintenance, see the recent case of McFarlane v. E.E. ......
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Wrongful Trading: An Impotent Remedy?
...2 BCLC 493. (37) See [1995] 2 BCLC 493 per Robert Walker J at p. 497 and Grovewood Holdings plc v James Capel & Co. Ltd [1995] Ch 83; [1995] 2 WLR 70; [1994] 2 BCLC 782 per Lightman J at pp. 73-76 and 785-788 respectively. (38) See generally [1995] 2 BCLC 493 per Robert Walker J at pp. 500-......