Results: 45

• In re DNick Holding plc (Eckerle v Wickeder Westfalenstahl GmbH)

  23 Jan 2013 [2013] EWHC 68 (Ch); [2014] Ch 196; [2013] 3 WLR 1316; [2014] BCC 1; [2013] WLR (D) 24; The Times, 9 April 2013, Ch D (Norris J)

  Subsequent citations: 3.
  COMPANY — Shares — Rights attached to
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  Case index catchwords

  COMPANY — Shares — Rights attached to — Majority resolution to re-register public limited company as private company — Statutory provision allowing dissentient holders of company’s issued share capital to make application for cancellation of resolution — Claimants having beneficial interest in shares but not registered shareholders — Whether “holders of … issued share capital” including those having ultimate economic interest in shares held by nominee — Whether enfranchisement provisions enabling claimants to exercise rights otherwise vested in members — Whether claimants having standing to make application — Companies Act 2006, ss 98(1), 145

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re Tambrook Jersey Ltd (HSBC Bank plc v Tambrook Jersey Ltd)

  12 Apr 2013 [2013] EWHC 866 (Ch); [2014] Ch 252; [2013] 2 WLR 1249; [2013] 3 All ER 850; [2013] WLR (D) 146, Ch D (Mann J)

  22 May 2013 [2013] EWCA Civ 576; [2014] Ch 252; [2014] 2 WLR 71; [2013] 3 All ER 850; [2013] 2 BCLC 186; [2013] BPIR 484; [2013] BCC 472; [2013] WLR (D) 193; The Times, 2 July 2013; The Times, 2 July 2013, CA (Longmore, McFarlane, Davis LJJ)

  Subsequent citations: 3.
  INSOLVENCY — Court’s jurisdiction — Duty to assist foreign insolvency court
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  Case index catchwords

  INSOLVENCY — Court’s jurisdiction — Duty to assist foreign insolvency court — Company registered and having centre of main interests in Jersey but operating in England — No equivalent to administration order available under Jersey law — Jersey court requesting that English court assist it by appointing administrators — No insolvency proceedings taking place or contemplated in Jersey — Whether English court having jurisdiction to “assist” Jersey court by appointing administrators — Insolvency Act 1986, s 426(4)(5)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• FHR European Ventures LLP v Mankarious (FHR European Ventures LLP v Cedar Capital Partners LLC)

  29 Jan 2013 [2013] EWCA Civ 17; [2014] Ch 1; [2013] 3 WLR 466; [2013] 3 All ER 29; [2013] 2 All ER (Comm) 257; [2013] WLR (D) 32; [2013] 1 Lloyd’s Rep 416, CA

  16 Jul 2014 [2014] UKSC 45; [2015] AC 250; [2014] 3 WLR 535; [2014] 4 All ER 79; [2014] 2 All ER (Comm) 425; [2014] WLR (D) 317; [2014] 2 Lloyd’s Rep 471; Case details, SC(E)

  Subsequent considerations : 3 positive; 2 neutral; most recently considered: 2025. Subsequent citations: 96.
  AGENCY — Fiduciary duty — Secret commission
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  Case index catchwords

  AGENCY — Fiduciary duty — Secret commission — Agent acting for purchasers in negotiations for purchase of hotel — Agent receiving secret commission from vendor following sale of hotel — Agent liable to account to purchasers for commission — Whether agent holding commission sum on constructive trust for purchasers on basis that it had exploited opportunity which purchasers would otherwise have had — Whether constructive trust arising only where possible to identify some form of beneficial ownership of opportunity — Whether purchasers entitled to proprietary remedy against agent — Whether agent's liability to purchasers limited to equitable compensation in sum equal to commission

  19 Case(s) considered

• Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH

  16 Jan 2014 (Case C-300/12); EU:C:2014:8; [2014] Ch 335; [2014] 2 WLR 1105; [2014] STC 991; [2014] WLR (D) 8, ECJ

  Subsequent citations: 3.
  REVENUE — Value added tax — Taxable amount

  EUROPEAN UNION — Value-added tax — Operations of travel agents
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  Case index catchwords

  REVENUE — Value added tax — Taxable amount — Taxpayer acting as intermediary in arranging travel services provided by tour operators to customers — Taxpayer granting customers price reduction funded from commission paid by tour operator — Principle allowing for reduction of taxable amount in respect of discounts granted by manufacturer through distribution chain — Whether applicable where intermediary granting reduction — Whether price reduction leading to reduction of taxable amount — Council Directive 77/388/EEC, art 11A(1)(a)

  EUROPEAN UNION — Value-added tax — Operations of travel agents — Granting of price discounts to customers — Determination of the taxable amount for services provided as part of an intermediary activity

  1 Case considered

  1 EU Enactment considered

• Hooper v Oates

  20 Feb 2013 [2013] EWCA Civ 91; [2013] EWCA Civ 91; [2014] Ch 287; [2014] 2 WLR 743; [2013] 3 All ER 211; [2013] 1 EGLR 93; [2013] 16 EG 108; [2013] WLR (D) 72, CA (Lloyd, Leveson, Toulson LJJ)

  Subsequent citations: 3.
  VENDOR AND PURCHASER — Sale of land — Breach of contract
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  Case index catchwords

  VENDOR AND PURCHASER — Sale of land — Breach of contract — Defendant failing to complete purchase of property from claimants in accordance with contract — Claimants accepting repudiation — Claimants attempting unsuccessfully to resell property before resuming occupation — Substantial fall in value of property between date of breach and date of assessment of damages — Claimants claiming damages for breach of contract — Whether damages to be assessed as at date of breach or as at date of claimants’ resumption of occupation

  3 Case(s) considered

• Day v Harris (Day v Royal College of Music)

  07 Mar 2012 [2012] EWHC 2041 (Ch), Ch D (Judge Purle QC)

  20 Mar 2013 [2013] EWCA Civ 191; [2014] Ch 211; [2013] 3 WLR 1560; [2013] WLR (D) 112, CA (Rix, Lloyd, McFarlane LJJ)

  Subsequent citations: 3.
  GIFT — Effectiveness — Donor’s intention

  POWER OF ATTORNEY — Enduring power of attorney — Registration
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  Case index catchwords

  GIFT — Effectiveness — Donor’s intention — Father making unexpected delivery of chattels to daughter — Test for determining whether gift or bailment

  POWER OF ATTORNEY — Enduring power of attorney — Registration — Enduring power of attorney executed and later registered — Money belonging beneficially to donor held in pre-existing bank account in joint names of donor and attorney — Whether attorney able to effect gifts to himself out of account without statutory authority or court approval — Enduring Powers of Attorney Act 1985, s 7(1)(c)

  2 Case(s) considered

  1 Statute considered

• Various Claimants v News Group Newspapers Ltd (No 2)

  12 Jul 2013 [2013] EWHC 2119 (Ch); [2014] Ch 400; [2014] 2 WLR 756; [2013] WLR (D) 314, Ch D (Mann J)

  Subsequent citations: 8.
  PRACTICE — Discovery — Action for
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  Case index catchwords

  PRACTICE — Discovery — Action for — Police informing applicants of interception of their mobile telephone voicemails by defendant — Material necessary for applicants to bring or fully to plead claim against defendant in possession of police — Applicants applying in proceedings brought by some of them for order against police for disclosure of material — Whether court having power to make order in exercise of case management powers — Whether court’s jurisdiction depending on third party’s participation in or facilitation of wrongdoing — Whether engagement with wrong such as to make third party more than mere witness or bystander sufficient — Whether court having jurisdiction to make order sought — Whether jurisdiction to be exercised in applicants’ favour — Whether necessary for each applicant to bring separate action for discovery — Whether possible for application to be made in existing proceedings — Whether court in exercise of case management powers able to dispense with service of originating process by applicants who had not yet brought claim against defendant — CPR, rr 3.1(2)(m), 31.17, 31.18

  3 Case(s) considered

  1 Statutory Instrument considered

• In re Southern Pacific Personal Loans Ltd (Oakley Smith v Information Comr)

  08 Aug 2013 [2013] EWHC 2485 (Ch); [2014] Ch 426; [2014] 2 WLR 1067; [2014] 1 All ER 98; [2013] WLR (D) 336, Ch D (David Richards J)

  Subsequent citations: 9.
  DATA PROTECTION — Personal data — “Data controller”
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  Case index catchwords

  DATA PROTECTION — Personal data — “Data controller” — Company collecting and retaining personal data relating to borrowers to whom it provided loans — Company entering creditors’ voluntary liquidation — Whether commencement of liquidation and appointment of liquidator rendering liquidator “data controller” in respect of personal data processed by company prior to liquidation — Whether liquidator entitled to dispose of such data — Data Protection Act 1998, s 1(1)

  1 Words & Phrases considered

  1 Statute considered

• Day v Day

  27 Mar 2013 [2013] EWCA Civ 280; [2014] Ch 114; [2013] 3 WLR 556; [2013] 3 All ER 661; [2013] WLR (D) 129, CA (Sir Terence Etherton C, Elias, Lewison LJJ)

  Subsequent citations: 14.
  SETTLEMENT — Voluntary — Rectification
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  Case index catchwords

  SETTLEMENT — Voluntary — Rectification — Settlor executing general power of attorney in favour of solicitor — Solicitor executing conveyance on settlor’s behalf — Conveyance mistakenly declaring settlor and defendant beneficial joint tenants of property — Defendant becoming sole legal and beneficial owner of property on settlor’s death — Claim for rectification of conveyance to provide property held by settlor and defendant on trust for settlor absolutely — Whether settlor’s subjective intention only relevant intention — Whether legal requirement that intention be outwardly expressed or objectively communicated — Whether existence of solicitor’s power of attorney and scope of his authority to execute conveyance precluding right to rectification — Whether rectification to be granted

  5 Case(s) considered

• Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster

  28 Jun 2012 [2012] UKUT 68 (LC), UT

  19 Jun 2013 [2013] EWCA Civ 731; [2014] Ch 301; [2014] 2 WLR 679; [2013] 4 All ER 456; [2013] HLR 43; [2013] 3 EGLR 47; [2013] 2 P & CR 16; [2013] 26 EG 107 (CS); [2013] L & TR 26; [2013] WLR (D) 243, CA

  09 Jan 2014 Permission to appeal to Supreme Court given

  Subsequent citations: 3.
  LANDLORD AND TENANT — Leasehold enfranchisement — Valuation
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Valuation — Tenants’ right to acquire freehold of premises by way of collective enfranchisement — Intermediate leases subsisting between freehold and occupational leases of participating tenants to be acquired by nominee purchaser on collective enfranchisement — Hope of realising development value if single owner of leases or leases and freehold developing property for use other than as building containing separate flats — Whether development hope value to be taken into account in fixing price to be paid for intermediate leases — Leasehold Reform, Housing and Urban Development Act 1993 (as amended by Housing Act 1996, Sch 10, para 18(4) and Commonhold and Leasehold Reform Act 2002, s 126), s 109, Sch 6, para 3(1)(1A)

  3 Case(s) considered

  1 Statute considered