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O'Neill V Phillips
is a UK company law case on an action for unfair prejudice under s.459 Companies Act 1985 (now s.994 Companies Act 2006). It is the only case thus far in the House of Lords on the provision and it deals with the concept of members of a business having their "legitimate expectations" disappointed. Facts Mr Phillips owned a company called Pectel Ltd. It specialised in stripping asbestos from buildings. Mr O'Neill started to work for the company in 1983. In 1985, Phillips was so impressed with O'Neill's work that he made him a director and gave him 25% of the shares. They had an informal chat in May 1985, and Mr Phillips said that one day, he hoped Mr O'Neill could take over the whole management, and would then be allowed to draw 50% of the company's profits. This happened, Phillips retired and O'Neill took over management. There were further talks about increasing O'Neill's actual shareholding to 50%, but this did not happen. After five years the construction industry went into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Prejudice
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 "prejudicial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Hobhouse, Baron Hobhouse Of Woodborough
John Stewart Hobhouse, Baron Hobhouse of Woodborough, PC (31 January 1932 – 15 March 2004) was a British barrister and judge who served as a Lord of Appeal in Ordinary from 1998 to 2004. Biography Hobhouse was born in Mossley Hill, Liverpool, the son of the shipowner Sir John Richard Hobhouse, and grandson of Henry Hobhouse, the MP. He was educated at Eton College. After working abroad in Australia and New Zealand on a sheep farm, Hobhouse returned to Christ Church, Oxford in 1951, where he read Jurisprudence. He was called to the bar by Inner Temple in 1955, of which he later became a bencher. Following a pupillage with Michael Kerr (judge), Michael Kerr, Hobhouse became a tenant at 7 King's Bench Walk, the chambers of Henry Brandon, Baron Brandon of Oakbrook, Henry Brandon, and joined the Northern Circuit. At the bar he specialised in admiralty law. He was appointed a Queen's Counsel in 1973. Hobhouse was made a High Court judge (England and Wales), High Court judge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Company 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 * ''The United'' (film), an unreleased Arabic-language 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 * "United (Who We Are)", a song by XO-IQ, featured in the television ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over all matters of equity (law) , equity, including English trusts law, trusts, English land law, land law, the estates of Mental illness, lunatics and the guardianship of infants. Its initial role differed somewhat: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common-law courts (whose decisions it had the jurisdiction to overrule for much of its existence) and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jonathan Parker
Sir Jonathan Frederic Parker, PC (born 8 December 1937) is a retired British Lord Justice of Appeal. Education Sir Jonathan was born in Bishop's Stortford, Hertfordshire, the son of Sir Edmund Parker (1908–1981) and Elizabeth Mary Butterfield (died 1984). His father was a distinguished accountant who was senior partner of Price Waterhouse & Co. and president of the Institute of Chartered Accountants in England and Wales from 1967–68. He was educated at Winchester College and then Magdalene College, Cambridge. Career He was called to the Bar in 1962. He was appointed as Queen's Counsel in 1979. He became a Bencher of the Inner Temple in 1985, and served as head of chambers at 11 Old Square, Lincoln's Inn. He became a High Court Judge in the Chancery Division in 1991 when he received the customary knighthood. He then became a Lord Justice of Appeal in 2000, whereupon he was appointed to the Privy Council in the usual way. He retired from the bench in 2007. He also se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Wood, 1st Baron Hatherley
William Page Wood, 1st Baron Hatherley, PC (29 November 1801 – 10 July 1881) was a British lawyer and statesman who served as a Liberal Lord High Chancellor of Great Britain between 1868 and 1872 in William Ewart Gladstone's first ministry. Background and education Wood was born in London, the second son of Sir Matthew Wood, 1st Baronet, an alderman and Lord Mayor of London who became famous for befriending Queen Caroline and braving George IV. Sir Evelyn Wood and Katharine O'Shea were his nephew and niece respectively. He was educated at Winchester College, from which he was expelled after a revolt against the headmaster, Woodbridge School, Geneva University, and Trinity College, Cambridge, where he became a fellow after being 24th wrangler in 1824. Legal and political career Wood entered Lincoln's Inn, and was called to the Bar in 1824, studying conveyancing in John Tyrrell's chambers. He soon obtained a good practice as an equity draughtsman and before parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principle Of Legal Certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. See also * * *Due process *International human rights law *Rational basis test In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment ... Further reading *Gerit BetlemThe Doctrine of Consistent Interpretation—Managing Legal Uncertainty ''Oxford Journal of Legal Studies'', 2002. *Anthony D'AmatoLegal Uncertainty ''California Law Review'', 1983. *Uri WeissThe Regressive Effect of Legal Uncertainty ''The Journal of Dispute Resolution'', 2019. References Legal doctrines and principles {{law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission (England And Wales)
In England and Wales the Law Commission () is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or Court of Appeal, currently Sir Peter Fraser LJ) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Every t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies Act 1948
The Companies Act 1948 ( 11 & 12 Geo. 6. c. 38) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Cases decided under this Act *'' Bushell v Faith'' 970AC 1099 *'' Scottish Co-operative Wholesale Society Ltd v Meyer'' *'' Stonegate Securities Ltd v Gregory'' 980Ch 576 See also *Companies Act Companies Act (with its variations) is a stock short title used for legislation in Botswana, Hong Kong, India, Kenya, Malaysia, New Zealand, South Africa and the United Kingdom in relation to company law. The Bill for an Act with this short title w ... Notes {{Authority control United Kingdom company law United Kingdom Acts of Parliament 1948 1940s in economic history ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Westbourne Galleries Ltd
IN, In or in may refer to: Dans * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe, the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) * Office of Intelligence and Counterintelligence, sometimes abbreviated IN Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal ( insufflation), a method of administrating some medications and vaccines * Integrase, a r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jean-Pierre Warner
Jean-Pierre Frank Eugene Warner (24 September 1924 – 1 February 2005) was a jurist who served as the first British Advocate-General of the European Court of Justice after Britain's entry into the European Community in 1972. Warner was educated at Trinity College, Cambridge, serving as an officer of the Rifle Brigade during the Second World War before starting his career as a barrister. Appointed Advocate-General in 1972, he returned to England in 1981, where he was made a judge of the High Court of Justice, retiring in 1994 and dying in 2005. Biography Warner was born on 24 September 1924, to an English father, who died when he was 4, and a French mother. He was educated in France, first at Ste Croix de Neuilly and then at the École des Roches, before transferring to Harrow in 1938. After leaving Harrow he went to Trinity College, Cambridge to study history before being commissioned into the Rifle Brigade as a second lieutenant on 23 October 1943. He later served on Lord Mou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
