Lister & Company v Stubbs
| Jurisdiction | England & Wales |
| Date | 1889 |
| Year | 1889 |
| Court | Court of Appeal |
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180 cases
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Faith Panton Property Plan Ltd v Hodgetts
...should be ignored". Where however a plaintiff is asking for an injunction in proceedings which are pending Lord Justice Cotton in Lister v. Stubbs 45 Ch. D 1 said "I know of no case where, because it was highly probable that if the action were brought to hearing the plaintiff could establis......
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Daraydan Holdings Ltd and Others v Solland International Ltd and Others
...to an order that he holds the payments on constructive trust. That question in turn depends on whether the controversial decision in Lister & Co v Stubbs (1890) 45 Ch D 1 continues to have any life after the decision of the Privy Council in AG for Hong Kong v Reid [1994] 1 AC 324, and (if ......
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FHR European Ventures LLP v Mankarious
...him, not least because it would give the company the right to the money in the event of the agent's bankruptcy. Bowen LJ agreed. 27 Lister was cited with approval by Lindley LJ in In re North Australian Territory Co, Archer's case [1892] 1 Ch 322, 338, and it was followed in relation to a b......
- Grimaldi v Chameleon Mining NL (No 2)
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28 books & journal articles
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UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
...8 See paras 30–56 below. 9 See cases cited in FHR European Ventures LLP v Cedar Capital Partners LLC[2015] AC 250 at [13]–[17]. 10 (1890) 45 Ch D 1. 11 For the other Court of Appeal decisions which preferred the award of a personal remedy, see Metropolitan Bank v Heiron(1880) 5 Ex D 319; Po......
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SELF-DEALING AND NO-PROFIT RULES: COMPANIES ACT 2016
...638 where Lai Kew Chai J (as he then was) discussed bribes and secret commissions and rejected the decision in Lister & Co v Stubbs (1890) 45 Ch D 1 that a proprietary remedy is not available. Affirmed on appeal in Thahir Kartika Ratna v PT Pertambangan Minyak dan Gas Bumi Negara (Pertamina......
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English Influences on the Historical Development of Fiduciary Duties in Scottish Law
...change from the first edition, though this time the insertion of a reference to a case, the well known decision in Lister v Stubbs (1890) 45 Ch D 1, explains the change (though not why it was omitted from the first edition): Gloag, Contract, (n 139) 589. See also G J Bell, Commentaries on t......
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Table of Cases
...64, [1996] OJ No 3819 (Gen Div) ..............................................................................308 Lister & Co v Stubbs (1890), 45 Ch D 1, [1886-90] All ER 797 (CA) .....................344 Lyons v Multari (2000), 50 OR (3d) 526, 3 CCEL (3d) 34, 2000 CanLII 16851 (CA) .............
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