Trevor and Another v Whitworth and Another
| Jurisdiction | UK Non-devolved |
| Judgment Date | 11 July 1887 |
| Judgment citation (vLex) | [1887] UKHL J0711-1 |
| Court | House of Lords |
| Date | 11 July 1887 |
[1887] UKHL J0711-1
House of Lords
After hearing Counsel, as well on Friday the 18th, as Monday the 21st, Tuesday the 22nd, and Thursday the 24th days of March last, upon the Petition and Appeal of Charles Robinson Trevor and Ernest Crewdson, both of Manchester, in the County of Lancaster, Chartered Accountants, the Liquidators of James Schofield and Sons, Limited, praying that the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal of the 2nd of April 1886, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of James Bamford Whitworth and Alfred Law, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 2nd of April 1886, complained of in the said Appeal, be, and the same is hereby Reversed; and that the Order of the Vice Chancellor of the County Palatine of Lancaster, of the 19th of June 1885, be, and the same is hereby Restored: And it is Ordered, That the Respondents do pay or cause to be paid to the Appellants the Costs incurred by them in the said Court of Appeal: And it is further Ordered, That the Respondents do repay to the Appellants all moneys and Costs received from them: And it is...
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The Companies (Consolidation) Act, 1908 ; and the Irish Provident Assurance Company Ltd; and Johanna Bradley
... ... of the company to enable a director to purchase its shares: Trevor v. Whitworth ( 1 ). There was a clear conversion as held by Barton, J., ... Another is that the shares were taken by the appellants as investments, which it ... ...
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BTI 2014 LLC v Sequana S.A.
...law rules are those which (apart from statutory authority) restrain a company from reducing its capital: see Trevor v Whitworth (1887) 12 App Cas 409. The modern statutory code is to be found in Part 23 of the 2006 Act. It provides that dividends may only be paid out of distributable profit......
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Stone and Rolls Ltd ((in Liquidation)) v Moore Stephens (A Firm)
... ... Pte Ltd [2002] EWCA Civ 1821 ; [2003] PIQR P252 illustrates another situation in which ex turpi causa defeated a claim albeit that the ... capital: see the explanation by Lord Watson in the leading case of Trevor v Whitworth (1887) 12 Ch App 409 , 423-424. The general prohibitions on ... ...
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Pearson (in his capacity as Additional Liquidator of Herald Fund SPC (in Official Liquidation)) v Primeo Fund (in Official Liquidation)
...that a purchase of shares by a company which is not authorised by the Companies Acts is unlawful and ultra vires: Trevor v Whitworth (1887) 12 App Cas 409. I therefore proceed on the basis that a redemption which purports to take place in a manner not authorised by the CLCI would be unlawfu......
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Shareholders: Majority Rule and Minority Rights under Bermuda Company Law
...9 O Kahn-Freund, ‘Final Report of Commission of Inquiry into Company Law of Ghana’ (1962) 25 MLR 78. 10 Trevor v Whitworth (1887) 12 App Cas 409. 11 Companies Act 1981, section 42. 12 Ibid, section 42A. 13 Ibid, section 42B. 166 Offshore Commercial Law in Bermuda that shareholders have no d......
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Table of Cases
...3 WLR 1023 23.91 Trendtex v Central Bank of Nigeria [1977] QB 529, [1977] 2 WLR 356, [1977] 1 All ER 881, CA 22.40 Trevor v Whitworth (1887) 12 App Cas 409, 57 LJ Ch 28, 57 LT 457, HL 8.8 Triquet v Bath (1764) 3 Burr 1478, 1 Wm Bl 471, 97 ER 936 22.38 Trustee L and others v Attorney-General......
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Houldsworth: an obsolete piece in the legislative puzzle.
...(UK). (144) As noted before, this section was the forerunner of s 360(1) of the Companies (Vic) Code. (145) Trevor v Whitworth (1887) LR 12 App Cas 409; Ooergum Gold Mning Co of India v Roper [1892] AC (146) Webb Distributors (Aust) Pty Ltd v Victoria (1993) 179 CLR 15, 28 citing Houldswort......