Re Berkeley Applegate (Investment Consultants) Ltd
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Year | 1988 |
| Date | 1988 |
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148 cases
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RE CUSTOM HOUSE CAPITAL Ltd ((in Liquidation))
...KEAY & MCPHERSON MCPHERSONS LAW OF COMPANY LIQUIDATION 2ED 2009 PARA 8.034 BERKELEY APPLEGATE (INVESTMENT CONSULTANTS) LTD (NO 1), IN RE 1989 CH 32 1988 3 WLR 95 1988 3 AER 71 1988 4 BCC 274 BERKELEY APPLEGATE (INVESTMENT CONSULTANTS) LTD (NO 3), IN RE 1989 5 BCC 803 INSOLVENCY ACT 1986 S11......
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Ian Gillan and Others v Hec Enterprises Ltd and Others
...trust assets; this application has given rise to dispute about the scope of, and the application of, what has been referred to as the Berkeley Applegate principle, after the decision in Re Berkeley Applegate (Investment Consultants) Ltd [1989] Ch 32. 6 Mr Cullen QC appeared on behalf of the......
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Custom House Capital ((in Liquidation))
...was permissible to do so following the approach of the High Court in England in Re Berkeley Applegate (Investment Consultants) Limited [1988] 3 All E.R. 71 and subsequent judgments. A second question then arose relating to the relative priority between the payment of the remuneration, costs......
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Re Global Crossing Ltd and Others
... ... Re AV Sorge & Co LtdUNK [1986] BCLC 490 Re Berkeley Applegate (Investment Consultants) Ltd; Harris v ConwayUNK [1988] 3 ... ...
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3 firm's commentaries
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High Court Allows Claim In Respect Of Secret Commissions To Proceed As "Opt-Out" Representative Action Under CPR 19.6
...be paid before disbursement to class members (akin to the jurisdiction established in Re Berkeley Applegate (Investment Consultants) Ltd [1989] 1 Ch 32, allows an insolvency practitioner to be paid for work done in realising assets for the benefit of a third party out of the relevant assets......
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Value For Money - The Guiding Principle In Assessing Liquidators' Remuneration On Administration Of Trust Assets
...that is, on a "value for money" basis rather than as an indemnity against cost? It was established in Re Berkeley Applegate Ltd (No.2) [1989] 1 Ch 32 that where a person seeks to enforce a claim to an equitable interest in property (i.e., a trust asset), the court may order, as a condition ......
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Insolvency Officeholder's Fees And Expenses: Issues With Payment
...leases. The officeholders initially asked the Court to extend the principle set out in Re Berkeley Applegate (Investment Consultants) Ltd [1989] Ch 32 (see below) to allow payment of their fees from the sale proceeds of the lease interests, rather than solely from the proceeds of the proper......
3 books & journal articles
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NAVIGATING THE MAZE
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...University Press, 1989) at p 420. 188 Andrew Burrows, The Law of Restitution (Oxford University Press, 3rd Ed, 2011) at pp 696–697. 189 [1989] 1 Ch 32. 190 Re Berkely Applegate (Investment Consultants) Ltd [1989] 1 Ch 32 at 36–37. 191 Harris v Digital Pulse Pty Ltd [2003] NSWCA 10 at [321],......
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Restitution
...for the skill and labour which has produced it’. On the other hand, in Re Berkeley Applegate (Investment Consultants) Ltd; Harris v Conway[1989] 1 Ch 32 at 36–37, Edward Nugee QC sitting as a Deputy High Court Judge explained the jurisdiction in terms of the equitable maxim ‘he who seeks eq......
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Negotiorum gestio: unjust sacrifice and officious intervention: a commonwealth caribbean perspective
...that B had failed to seek directions from the court and so the Governor had acted as a volunteer in paying B's 31 (1842)5Beav325. 32 [1989] Ch 32. 33 Sitting as a Deputy High Court Judge. 34 [1994-95] CILR 531, Grand Court. fees. One of the issues for the court was whether a person making a......
