Bishopsgate Investment V Maxwell

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Sweet & Maxwell, 1999); Joanna Benjamin, Madeleine Yates & Gerald Montagu, Supra note 6. 23 See Chapter V for the detailed analysis of the Convention. See Macmillan Inc v. Bishopsgate Investment Trust. PLC (No. 3), [1996] 1 W.L.R. 387; Re Harvard Securities Ltd., [1998] B.C.C. 567, [1997] 2. B.C.L.C. 369.

Introduction. 1. One side-effect of globalization is increasing cross-border conflict arising from transactions between parties. Today, the courts have sophisticated tools to deal with such conflicts. The focus of this paper is the interrelation between the court's approach when dealing with problems in its equitable jurisdiction,

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In a summary judgment, the court said Maxwell failed to perform his fiduciary duties as a director of Bishopsgate Investment Management Ltd. by "procuring, effecting and consenting" to the movement of several blocks of shares.

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Oct 4, 2013. reduce shareholdings or affect the voting rights of an existing majority shareholder adversely; see Re Cumana Ltd [1986] BCLC 430; Lord. Greene MR in Re Smith and Fawcett Ltd [1942] Ch 304(meaning of in the “interest of the company”) and Bishopsgate Investment Management Ltd v Maxwell (No. 2).

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The decision of the House of Lords in Foskett v McKeown[1] will have a profound impact on the process of tracing. Foskett. Another case that impacts on the swollen assets theory is Bishopsgate Investment Management Ltd v Homan,[75] where the appellant attempted to claim an equitable charge over all the assets of the.

Containerlift Services Ltd v Maxwell Rotors Ltd (No 1) (2004) 58 IPR 658 607. Contintental Bank v Aeakos SA. Hornsey Local Board v Monarch Investment Building Society (1899) 24 QBD 1 1027. Huggett v United Kingdom (1995) 82A. Macmillan Inc v Bishopsgate Investment Trust plc (. Macquarie Bank v Berg ( 1999).

2016 Sweet & Maxwell and its Contributors. CC-BY-NC-ND. 18 Roxburghe v Cox (1881) 17 Ch D 520; Government of Newfoundland v Newfoundland Rly Co (1888) 13 App Cas 199. 50 Bishopsgate Investment Management Ltd v Homan [1995] Ch 211, 217-219; Moriarty v Various Customers of B.A. Peters plc [ 2008].

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The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the.

LONDON — A British court Thursday declared Kevin Maxwell, son of the late, disgraced publishing tycoon. on a bankruptcy petition filed by the liquidator of Bishopsgate Investment Management, one of Robert Maxwell’s.

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Jan 8, 2016. Bishopsgate Investment Management Ltd v Maxwell [1993] Ch 1, 17. It entitles any person to refuse to answer questions or to yield up documents or objects if to do so would carry a real or appreciable risk of its use in the prosecution of that person or his spouse: In re. Westinghouse Electric Corpn Uranium.

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Ricky Masaracchia v. Composite Architectural Design Systems, assessment made executory. Pioneer Investment Group LLC v. Harco National Insurance Co., Ralph Sellers Motor Co. LLC and Maxwell Paul Sellers, damages. TD Bank.

Cressman v Coys of Kensington (Sales) Ltd [2004] 1 WLR 2775. 70. Bishopsgate Investment Management Ltd. v. Maxwell (No. 2) [1994] 1 All E.R. 261 at 266. See, also the analogy drawn by Bant (at 131) with cases such as Hillsdown Holdings Plc v. Pensions Ombudsman [1997] 1 All ER 862 at 904; Hinckley and Bosworth.

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Ferreira v Levin NO and Others; Vryenhoek and Others v Powell NO and Others (CCT5/95) [1995] ZACC 13; 1996 (1) SA 984 (CC); 1996 (1) BCLR 1 (6 December 1995)

Jan 11, 2018. Vivo Energy (U) Limited v Shire Petroleum Company Limited & 2 Ors (CIVIL SUIT No.. Bishopsgate Investment Trust (No. and remains upon the land, places or projects any object upon the land (see Salmond and Heuston on the Law of Torts, 19th edition (London: Sweet & Maxwell, (1987) 46).

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. Hamilton v Naviede [1994] 3 All ER 814 (HL) Ashwander et al v Tennessee Valley Authority et al 297 US 288 (1936) Bishopsgate Investment Management Ltd (in Provisional Liquidation) v Maxwell and Another; Cooper v Maxwell; Mirror Group Newspapers plc and Another v Maxwell and Others [1993] Ch 1 (CA) ([ 1992] 2.

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Sep 1, 2012. 1 Blue Sky One Ltd & ors v Mahan Air and anor – the case was heard in two phases, [2009] EWHC. tion, Security and Enforcement (Sweet & Maxwell 2010). 12; See Contracts (Applicable Law) Act 1990. [1980] Ch 496; Macmillan Inc v Bishopsgate Investment. Trust Plc and ors (No. 3) [1996] 1 WLR 387.

Nov 4, 2016. 22. Lord Collins of Mapesbury (ed) Dicey, Morris & Collins on the Conflict of Laws (15th ed, Sweet. & Maxwell, London, 2012) [Dicey] at [1-003]. 23. See Schumacher v Summergrove Estates Ltd [2014] NZCA 412, [2014] 3 NZLR 599 at [32]–. [40], applying Macmillan Inc v Bishopsgate Investment Trust Plc.

Last week, Imro was criticised in a long-awaited report into the collapse of Maxwell’s empire. The report, which cost £10m and took almost 10 years, attacks Imro for its "cosmetic" supervision of Bishopsgate Investment Management and.

See JAMES EDELMAN, GAINED BASED DAMAGES: CONTRACT, TORT, EQUITY AND INTELLECTUAL PROPERTY 65-111 (2002). 16. A good example is Bishopsgate Investment Management Ltd. v. Maxwell (No. 2), [1994] 1 All E.R. 261 (Eng.). 17. Canson Enterprises Ltd. v. Boughton & Co., [1991] 3 S.C.R. 534, 556.

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Bernstein and Others v Bester NO and Others (CCT23/95) [1996] ZACC 2; 1996 (4) BCLR 449; 1996 (2) SA 751 (27 March 1996)

Dec 2, 2016. In practice, for example, OHs can use s 236 to summon the accountant of a director to give evidence as to where traceable assets might be found. Examinations under s 236 are held in private (Bishopsgate. Investment Management Ltd (in provisional liquidation) v Maxwell[1993] Ch 1, [1992] 2 All ER 856).

Rees v Kratzmann (1965) 114 CLR 63. Reg v Director of Serious Fraud Office, Ex parte Saunders (1988) 138 NLJ 243, DC Rex v Brown (Alfred) (1931) 23 Cr App R 56, CCA CASES-CITED: Atherton, In re [1912] 2 KB 251. Bishopsgate Investment Management Ltd v Maxwell [1992] 2 WLR 991, CA EMI Records Ltd v.

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Principles of Company Law 12 POWERS OF DIRECTORS 12.1 14.1 THE RULE IN FOSS V HARBOTTLE THE RULE IN TURQUAND'S CASE SUMMARY. 232 Al-Nakib Investments (Jersey) Ltd v Longcroft [1990] 1 WLR 1390. 270 Bishopsgate Investment Management Ltd v Maxwell (No 2) [1993] BCLC 1282.

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Millett J raised another problem to Briggs' uniformity argument in the case of MacMillan Inc v Bishopgate Investment Trust Plc (No.3)[20] who stated that like cases being treated alike wherever they are decided “cannot be achieved by judicial mental gymnastics but only by international conventions”[21]. And in fact such.

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The State high-level clearance committee, headed by Chief Minister Siddaramaiah, on Monday cleared four new projects with a total investment of ₹3,427 crore. The four projects together are expected to generate jobs for about 2,595.

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