Where a letter of credit, opened in London, contemplated payment of the beneficiary there in sterling by the English negotiating bank authorised to make payment against the confirming documents specified in the credit, the contracts between the beneficiary and the Indonesian issuing and confirming banks were governed by English law.
|
The principle known as the "fraud exception" could apply to both litigation privilege and legal advice privilege to enable inspection of documents. However, it could be used only in cases in which fraud was one of the issues and where there was a very strong prima facie case of fraud.
|
Upon the terms of an agreement the respondent company had not entered into a fixed price contract with the appellant company and had accordingly been entitled to be paid on the basis of a quantum meruit for all works carried out.
|
A court should not entertain a petition under the Companies Act 1985, section 459 based on the conduct of a company's affairs that had occurred nine years before presentation of the petition and in which the petitioner had participated. While a section 459 petition was not subject to any period of limitation, relief granted under the section was always within the discretion of the court.
|
Where an individual had been a director of a company at dissolution but had subsequently become bankrupt, then if that company was a Table A company incorporating Article 81b, the director at the moment of bankruptcy had to be taken as losing his authority to apply for the restoration of the company to the register under the Companies Act 1985, section 653(2).
|
Where under the terms of the relevant agreements sponsorship monies were not "profits relating to or accruable from the event", the claimant had failed to establish a proprietary claim based on assignment.
|
Where the appellant estate agent's terms and conditions had provided that commission was payable by the vendor if at any time unconditional contracts were exchanged with a purchaser, the commission had become payable by the respondent vendors notwithstanding that the purchaser had failed to complete the sale after the exchange of contracts.
|
A non-party director who was the "real party" seeking his own benefit and controlling the litigation was made personally liable for the costs of litigation pursued by his company and was liable for the whole of the costs since they had been caused by his dishonesty or impropriety.
|
While the reasons offered as to the failure to register a debenture in accordance with the Companies Act 1985, section 395 were inadequate, there was no reason to suppose that any prejudice would result from an extension of time permitting late registration under section 404 of the Act.
|
Section 375 of the Insolvency Act 1986 gave the Court a wide discretion to rescind any order made in the exercise of the bankruptcy jurisdiction. The onus was on the applicant to show the existence of exceptional circumstances, at the very least in the form of some substantial new material or argument, that justified the court in changing its mind.
|
| 1 2 3 4 5 |