Re Overend, Gurney, & Company Grissell's Case

JurisdictionEngland & Wales
Year1865
Date1865
CourtCourt of Appeal
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7 cases
  • Re Lehman Brothers International (Europe) ((in Administration)) (No 4)
    • United Kingdom
    • Supreme Court
    • 17 Mayo 2017
    ...rule ("the Rule") was first applied in a corporate insolvency case 150 years ago in In re Overend Gurney & Co; Grissel'sCase (1866) LR 1 Ch App 528, and it was more recently discussed by Lord Walker in Kaupthing (No 2) [2012] 1 AC 804. As he pithily expressed it at para 20, a "claimant coul......
  • Re Lehman Brothers International (Europe) ((in Administration))
    • United Kingdom
    • Chancery Division
    • 14 Marzo 2014
    ...The contributory rule 179 A series of cases in the nineteenth century, beginning with In re Overend Gurney & Co; Grissell'sCase (1866) LR 1 Ch App 528 ( Grissell'sCase), established the principle that a person could recover nothing as a creditor of a company until he had discharged all his ......
  • Re SSSL Realisations (2002) Ltd ((in Liquidation)) and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 Enero 2006
    .... . . applicable to this case. . . . But in my opinion this case is governed by the principle established in Grissell's case [ In re Overend, Gurney & Co (1866) LR 1 Ch App 528] and is within the express terms of the Lord Chancellor's judgment in that case. If the creditor-contributory were......
  • The Joint Administrators of LB Holdings Intermediate 2 Ltd ((in Administration)) and Others v Anthony Victor Lomas and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 Mayo 2015
    ...It only applied to prevent any recovery by the contributory prior to meeting in full any calls already made. Thus, in Grissell'sCase (1866) LR 1 Ch App 528, the liquidator made a call for £10 per partly paid share, leaving a further £25 per share to be called in the future if necessary. It ......
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