An appeal against a decision of the Court of Appeal of Belize on the construction of an article in the articles of association of Belize Telecommunications Ltd, a company which had been formed to take over the undertaking of the Belize Telecommunications Authority. The CA rejected A’s argument that the articles should be construed as providing by implication that a director appointed by virtue of a specified shareholding would vacate his office if there was no longer any holder of such a shareho ...
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The effect of the Sch.B1 para.43(6) of the Insolvency Act 1986 was not that proceedings brought against a company in administration without consent or permission of the court were a nullity, but only that they were liable to be stayed. Thus when considering a claim made without consent of the administrators against a company in administration, the correct course for an employment tribunal to take was to accept the claim but stay proceedings pending the issue of consent.
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This is a case in which the appellants, Mr and Mrs Jain, had their nursing home business destroyed by executive action taken against them by a regulatory authority, The Nottingham Health Authority. The Authority’s statutory successors, Trent Strategic Health Authority are the respondents to this appeal. The executive action taken by the Authority consisted of an expedited application made under s.30 of the Registered Homes Act 1984, said application being made ex parte and without ...
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Yeoman’s Row Management Ltd (A) appealed against a decision that James Cobbe (R) a property developer, had established proprietary estoppel against it and was therefore entitled to a lien over a property to secure his interest. R had expended time and money in obtaining planning permission pursuant to an oral agreement in principle for the sale of land from A to R, the terms of which had not all been agreed. The CA regarded the finding that A’s behaviour in repudiating and seeking an improvement ...
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The charterer, Transfield (A), appealed against a decision upholding an arbitrators’ ruling on the damages to which Mercator, the shipowner (R), was entitled following the late return of a ship. New charterers had agreed to take the ship after its late return, but the market had fallen sharply and they would only do so at a reduced rate. The issue was whether A was liable to pay only for the use of the ship for the number of days that it was late at the market rate then prevailing or whether it ...
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If the country of the principal winding up of an insolvent company was the “relevant country or territory” for the purposes of the Insolvency Act 1986 s.426 and the liquidators in that country requested the English liquidators to remit to them the assets collected in England so that they could, pursuant to the insolvency law in that country, implement a universal scheme of pari passu distribution to ordinary unsecured creditors, the request was one to which, in principle, the English liquidators ...
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The appellant shipowners appealed a decision which had granted a stay under s.9 of the Arbitration Act of proceedings commenced by the shipowner. Those proceedings sought a declaration that they had validly rescinded charterparties entered into with the respondent charterers on grounds of bribery. The Law and Litigation clause contained in the charters provided for any dispute ‘arising under’ the charter to be referred to arbitration. A sub clause made reference to a dispute ‘arising out of’ th ...
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The House of Lords upheld the CA’s decision regarding the proper basis for assessing compensation due on the termination of an agency agreement that is subject to the Commercial Agents (Council Directive) Regulations 1993. Under those Regulations, an agent is entitled to be compensated following the termination of the agency relationship unless the parties have agreed for the indemnity alternative to apply but no guidance is given as to the amount of compensation to be received. The House of Lor ...
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The Transfer of Undertakings (Protection of Employment) Regulations 1981 reg. 3 was capable of applying to any transfers effected consequent upon an insolvency, including cases in which the insolvent transferor did not continue to trade or where no part of its undertaking was transferred as a going concern.
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The secretary of state was not liable to make payments to transferred employees out of the insolvency fund, by virtue of Transfer of Undertakings (Protection of Employment) Regulations 2006 reg. 8, because there were no insolvency proceedings in place when the business was transferred, and even if there were, they were not under the supervision of an insolvency practitioner.
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