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Re Charnley Davies Ltd (No 2)
''Re Charnley Davies Ltd (No 2)'' 990BCLC 760 is a UK insolvency law case concerning the administration procedure when a company is unable to repay its debts. It held that an administrator would only breach a duty of care (here in selling off property, arguably for too little) if an ordinary, skilled practitioner would have acted differently. Facts Charnley Davies Ltd was one of 17 insurance broking companies which collapsed in 1987 and operated out of Leeds, Wakefield and Hull. Creditors of Charnley Davies alleged that the administrator, Mr AJ Richmond, acted with undue haste in selling the business. He sold the business for a total of £50,000, plus £7500 for furniture and equipment, allegedly a grossly undervalued price. The creditors argued that they should have been consulted, because they were in the insurance business. The creditors argued the administrators were in breach of Insolvency Act 1986, section 27 because they had been unfairly prejudiced by the administra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Millett, Baron Millett
Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British barrister and judge. He was a Lord of Appeal in Ordinary from 1998 to 2004. Biography Early life The son of Denis and Adele Millett, he was educated at Harrow School, London, and at Trinity Hall, Cambridge, where he received a Master of Arts in Classics and Law in 1954, graduating with a Double First. From 1955 to 1957 he served as a Flying Officer in the Royal Air Force. He was awarded an honorary fellowship by Queen Mary, University of London in 2012. Legal career Millett was called to the bar at Middle Temple in 1955. In 1959, he joined Lincoln's Inn, where he was appointed a bencher in 1980. From 1958 to 1986 he practised at the Chancery Bar and was examiner and lecturer in practical conveyancing at the Council of Legal Education from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the Department of Trade and Industry in chancery matters, and between 1971 and 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Price
A price is the (usually not negative) quantity of payment or compensation given by one party to another in return for goods or services. In some situations, the price of production has a different name. If the product is a "good" in the commercial exchange, the payment for this product will likely be called its "price". However, if the product is "service", there will be other possible names for this product's name. For example, the graph on the bottom will show some situations A good's price is influenced by production costs, supply of the desired item, and demand for the product. A price may be determined by a monopolist or may be imposed on the firm by market conditions. Price can be quoted to currency, quantities of goods or vouchers. * In modern economies, prices are generally expressed in units of some form of currency. (More specifically, for raw materials they are expressed as currency per unit weight, e.g. euros per kilogram or Rands per KG.) * Although ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Insolvency Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Chartered Bank Ltd V Walker
Standard may refer to: Symbols * Colours, standards and guidons, kinds of military signs * Standard (emblem), a type of a large symbol or emblem used for identification Norms, conventions or requirements * Standard (metrology), an object that bears a defined relationship to a unit of measure used for calibration of measuring devices * Standard (timber unit), an obsolete measure of timber used in trade * Breed standard (also called bench standard), in animal fancy and animal husbandry * BioCompute Standard, a standard for next generation sequencing * ''De facto'' standard, product or system with market dominance * Gold standard, a monetary system based on gold; also used metaphorically for the best of several options, against which the others are measured * Internet Standard, a specification ratified as an open standard by the Internet Engineering Task Force * Learning standards, standards applied to education content * Standard displacement, a naval term describing the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cuckmere Brick Co Ltd V Mutual Finance Ltd
is an English tort law case, establishing the lender must publish/promote the materially beneficial key, intrinsic facts as to land in mortgage repossession sales. As it affects the duty of mortgagees (secured lenders), to that extent it can be considered within the periphery of English land law also. The tripartite panel at appeal established negligence on the part of the lender or its auctioneer agent. A 2-1 majority directed an enquiry as to damages (as opposed to rough award ordered at first instance) to be carried out. Facts In 1961, Cuckmere Brick Co had received planning permission to build 100 flats each with a garage on a site of near Maidstone, and received £50,000 mortgage financing from Mutual Finance who valued the land accordingly. By 1964, due to cash flow problems arising from other developments in which Cuckmere was involved, planning permission was subsequently received (with Mutual's approval) to build 35 houses, which would have incurred lower construction c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfairly Prejudiced
Unfair prejudice in United Kingdom, company law is a statutory form of action that may be brought by aggrieved shareholders against their company. Under the Companies Act 2006 the relevant provision is s 994, the identical successor to s 459 Companies Act 1985. Unfair prejudice actions have generated an enormous body of cases, many of which are called "Re A Company", with only a six-digit number and report citation to distinguish them. They have become a substitute for the more restrictive conditions on a "derivative action", as an exception to the rule in '' Foss v Harbottle''. Though not restricted in such a way, unfair prejudice claims are primarily brought in smaller, non-public companies. This is the text from the Act. Four main issues arise out of the interpretation of s.994. First of all, who has a right to complain against whom? Secondly, what specifically does the "company's affairs" mean in s.994(1)(a)? Thirdly, when is something "unfair" and at the same time "prejudic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insolvency Act 1986
The Insolvency Act 1986c 45 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures. Elements of the Act have been updated by the Enterprise Act 2002 which came into enforcement on 1 April 2004 and introduced amongst other things the popular "out-of-court" administration route.Lyndon Norley, Kirkland & Ellis International LLP and Joseph Swanson and Peter Marshall, Houlihan Lokey (2008). A Practitioner's Guide to Corporate Restructuring. City & Financial Publishing, 1st edition Those considering the main Act should also refer to the Insolvency Rules 1986 and numerous Regulations and other amending legislation since 1986, and also to the best practice whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unsecured Creditor
An unsecured creditor is a creditor other than a preferential creditor that does not have the benefit of any security interests in the assets of the debtor. In the event of the bankruptcy of the debtor, the unsecured creditors usually obtain a '' pari passu'' distribution out of the assets of the insolvent company on a liquidation in accordance with the size of their debt after the secured creditors have enforced their security and the preferential creditors have exhausted their claims. Although in a liquidation Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistr ... the unsecured creditors will usually realize the smallest proportion of their claims, in some legal systems, unsecured creditors who are also indebted to the insolvent debtor can (and in some jurisdictions, must) set of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kingston Upon Hull
Kingston upon Hull, usually abbreviated to Hull, is a port city and unitary authorities of England, unitary authority in the East Riding of Yorkshire, England. It lies upon the River Hull at its confluence with the Humber Estuary, inland from the North Sea and south-east of York, the historic county town. With a population of (), it is the fourth-largest city in the Yorkshire and the Humber region after Leeds, Sheffield and Bradford. The town of Wyke on Hull was founded late in the 12th century by the monks of Meaux Abbey as a port from which to export their wool. Renamed ''Kings-town upon Hull'' in 1299, Hull had been a market town, military supply port, trading centre, fishing and whaling centre and industrial metropolis. Hull was an early theatre of battle in the First English Civil War, English Civil Wars. Its 18th-century Member of Parliament, William Wilberforce, took a prominent part in the abolition of the slave trade in Britain. More than 95% of the city was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administration In United Kingdom Law
Administration in United Kingdom law is the main kind of procedure in UK insolvency law when a company is unable to pay its debts. The management of the company is usually replaced by an insolvency practitioner whose statutory duty is to rescue the company, save the business, or get the best result possible. It is the equivalent of Chapter 11, Title 11, United States Code, although with significant differences. While creditors with a security interest over all a company's assets could control the procedure previously through receivership, the Enterprise Act 2002 made administration the main procedure. History The Insolvency Act 1986, Schedule B1 contains the procedure for a company entering administration, as updated by the Enterprise Act 2002. It was first introduced following the Cork Report's priorities for transparency, accountability and collectivity and, crucially, fostering a rescue culture for business. Appointment In general the conditions for a court to grant an a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wakefield
Wakefield is a cathedral city in West Yorkshire, England located on the River Calder. The city had a population of 99,251 in the 2011 census.https://www.nomisweb.co.uk/census/2011/ks101ew Census 2011 table KS101EW Usual resident population, West Yorkshire – Wakefield BUASD, code E35000474 The city is the administrative centre of the wider City of Wakefield metropolitan district, which had a population of , the most populous district in England. It is part of the West Yorkshire Built-up Area and the Yorkshire and The Humber region. In 1888, it was one of the last group of towns to gain city status due to having a cathedral. The city has a town hall and county hall, as the former administrative centre of the city's county borough and metropolitan borough as well as county town to both the West Riding of Yorkshire and West Yorkshire, respectively. The Battle of Wakefield took place in the Wars of the Roses, and the city was a Royalist stronghold in the Civil War ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leeds
Leeds () is a City status in the United Kingdom, city and the administrative centre of the City of Leeds district in West Yorkshire, England. It is built around the River Aire and is in the eastern foothills of the Pennines. It is also the third-largest settlement (by population) in England, after London and Birmingham. The city was a small manorial borough in the 13th century and a market town in the 16th century. It expanded by becoming a major production centre, including of carbonated water where it was invented in the 1760s, and trading centre (mainly with wool) for the 17th and 18th centuries. It was a major mill town during the Industrial Revolution. It was also known for its flax industry, Foundry, iron foundries, engineering and printing, as well as shopping, with several surviving Victorian era arcades, such as Leeds Kirkgate Market, Kirkgate Market. City status was awarded in 1893, a populous urban centre formed in the following century which absorbed surrounding vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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