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Re Yagerphone Ltd
''Re Yagerphone Ltd'' 9351 Ch 392 was a United Kingdom insolvency law decision relating to unfair preferences and the proceeds of any claims by a liquidator for unfair preferences, and in particular determining the priority of claims between the general body of creditors and the holder of a floating charge. The case held that because the power to challenge a transaction as an unfair preference was a statutory right vested in the liquidator alone, the proceeds of any action were not "property of the company" and as such they were not caught be a floating charge which was expressed to include after acquired property (distinguishing ''Re Anglo-Austrian Printing & Publishing Union'' 8952 Ch 891). Bennett J held that the proceeds were impressed by a statutory trust for the general body of creditors. Facts On 14 January 1933 the company granted a debenture which contained an all-assets floating charge in favour of H. Yager (London) Limited as chargee. The debenture contained a fai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penny (British Pre-decimal Coin)
The British pre-decimal penny was a denomination of sterling coinage worth of one pound or of one shilling. Its symbol was ''d'', from the Roman denarius. It was a continuation of the earlier English penny, and in Scotland it had the same monetary value as one pre-1707 Scottish shilling. The penny was originally minted in silver, but from the late 18th century it was minted in copper, and then after 1860 in bronze. The plural of "penny" is "pence" when referring to an amount of money, and "pennies" when referring to a number of coins. Thus 8''d'' is eight pence, but "eight pennies" means specifically eight individual penny coins. Before Decimal Day in 1971, sterling used the Carolingian monetary system ( £sd), under which the largest unit was a pound (£) divisible into 20 shillings (s), each of 12 pence (d). The penny was withdrawn in 1971 due to decimalisation, and replaced (in effect) by the decimal half new penny, with p being worth 1.2''d''. History The kingdom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1935 In British Law
Events January * January 7 – Italian premier Benito Mussolini and French Foreign Minister Pierre Laval conclude an agreement, in which each power agrees not to oppose the other's colonial claims. * January 12 – Amelia Earhart becomes the first person to successfully complete a solo flight from Hawaii to California, a distance of 2,408 miles. * January 13 – A plebiscite in the Territory of the Saar Basin shows that 90.3% of those voting wish to join Germany. * January 24 – The first canned beer is sold in Richmond, Virginia, United States, by Gottfried Krueger Brewing Company. February * February 6 – Parker Brothers begins selling the board game Monopoly in the United States. * February 13 – Richard Hauptmann is convicted and sentenced to death for the kidnapping and murder of Charles Lindbergh Jr. in the United States. * February 15 – The discovery and clinical development of Prontosil, the first broadly effective antibiotic, is published i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Oasis Merchandising Services Ltd
''Re Oasis Merchandising Services Ltd'' 998Ch 170 is a UK insolvency law and company law case, concerning wrongful trading. Facts The liquidator brought proceedings against 5 individuals, alleged to be directors or shadow directors, amounting to lots. It tried to assign the claims to a specialist litigation company London Wall Claims Ltd, so that in return for the fruits of the litigation, they would bear the cost. The directors being sued claimed that the assignment was unlawful, as it was champertous (i.e. the wrong of getting an uninterested party involved in a lawsuit for money). Robert Walker J allowed the agreement provisionally, but allowed an appeal to the Court of Appeal to answer whether the assignment was champertous or not. London Wall Claims Ltd argued that although the agreement may be champtertous, under the Insolvency Act 1986 Schedule 4, para 6, the liquidator had the power to sell any of the company's property, and that must include the fruits of a wrongful t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re MC Bacon Ltd (No 2)
''Re MC Bacon Ltd'' 991Ch 127 is a UK insolvency law case relating specifically to the recovery the legal costs of the liquidator in relation to an application to set aside a floating charge as an unfair preference. The court held that because the right of action was vested in the liquidator (rather than the company itself) then those claims were not claims for realising or getting in the assets of the company, and therefore were not expenses of the liquidation. Accordingly, they were not recoverable under the preferential regime reserved for expenses of the liquidation. The court also gave useful guidance in the discussion of the proper application and context of applications by liquidators in relation to preferences and claims relating to wrongful trading. Facts MC Bacon Ltd was an importer of bacon which went into insolvent liquidation. Before going into liquidation the company had granted a debenture containing a floating charge in favour of its bank. At the time the com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Tempore
''Ex tempore'' (Latin for "out of the moment“) is a legal term that means 'at the time'. A judge who hands down a decision in a case soon or straight after hearing it is delivering a decision ''ex tempore''. Another way a judge may deliver a decision is to reserve their decision and deliver it later in written form. An ''ex tempore'' judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree. In Australia, intermediate-level courts tend to have a heavy case load, and so many decisions are delivered ''ex tempore'' for reasons of time and necessity. Because many decisions are ''ex tempore'', intermediate-level courts' decisions are not binding on inferior courts - that is to say, that in New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_na ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy Act 1914
The Bankruptcy Act 1914 ( 4 & 5 Geo. 5. c. 59) was an Act of the Parliament of the United Kingdom which formed the primary source of UK insolvency law for approximately 70 years. It came into force on 1 January 1915 repealing a number of earlier statutes. It was substantially repealed by the short-lived Insolvency Act 1985. The Act is generally regarded as a consolidation of earlier statutes relating to bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor .... Although the Act is expressed solely with reference to the bankruptcy of individuals, section 317 of the Companies Act 1948 applied many of its provisions to corporate insolvencies.That section provides: "''In the winding up of an insolvent company ... the same rules shall prevail and be observed with regard to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies Act 1929
The Companies Act 1929 (19 & 20 Geo.5 c.23) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Provisions Forms made under the 1929 Act introduced the term "Companies Court", referring to the High Court, Chancery Division, when exercising its jurisdiction for company law matters (''Re Tasbian Ltd (No 2)'' 990BCC 322, 324). *s 77(1) authorised the court in a compulsory winding up to direct the liquidator either to prosecute the offender himself or to refer the matter to the Director of Public Prosecutions. If it appeared to the liquidator in a voluntary winding up that any past or present director, manager or other officer of the company had been guilty of an offence in relation to the company for which he was criminally liable, section 77(2) required him to report the matter to the Director of Public Prosecutions. It also required the liquidator to give the Director of Public Prosecutions information and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry. Liquidation may either be compulsory (sometimes referred to as a ''creditors' liquidation'' or ''receivership'' following bankruptcy, which may result in the court creating a "liquidation trust") or voluntary (sometimes referred to as a ''shareholders' liquidation'', although some voluntary liquidations are controlled by the creditors). The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shilling (British Coin)
The British shilling, abbreviated "1/-", was a unit of currency and a denomination of sterling coinage worth of one pound, or twelve pence. It was first minted in the reign of Henry VII as the testoon, and became known as the shilling, from the Old English , sometime in the mid-16th century. It circulated until 1990. The word ''bob'' was sometimes used for a monetary value of several shillings, e.g. "ten-bob note". Following decimalisation on 15 February 1971 the coin had a value of five new pence, and a new coin of the same value but labelled as "five new pence" or "five pence" was minted with the same size as the shilling until 1990, after which the shilling no longer remained legal tender. It was made from silver from its introduction in or around 1503 until 1946, and thereafter in cupronickel. Before Decimal Day in 1971, sterling used the Carolingian monetary system (" £sd"), under which the largest unit was a pound (£) divided into 20 shillings (s), each of 12 pen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Preference
An unfair preference (or "voidable preference") is a legal term arising in bankruptcy law where a person or company transfers assets or pays a debt to a creditor shortly before going into bankruptcy, that payment or transfer can be set aside on the application of the liquidator or trustee in bankruptcy as an unfair preference or simply a preference. Overview The law on unfair preferences varies from country to country, but characteristically, to set a transaction or payment aside as an unfair preference, the liquidator will need to show that: #the person or company was insolvent at the time the payment was made (either on the ''cash-flow'' test, or on the ''balance sheet'' test - it varies from country to country) #the person or company then went into bankruptcy within a specified time thereafter, usually referred to as the ''vulnerability period'' #the payment had the effect of putting the creditor in a better position than other unsecured creditors #in some jurisdictions, it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debenture
In corporate finance, a debenture is a medium- to long-term debt instrument used by large companies to borrow money, at a fixed rate of interest. The legal term "debenture" originally referred to a document that either creates a debt or acknowledges it, but in some countries the term is now used interchangeably with bond, loan stock or note. A debenture is thus like a certificate of loan or a loan bond evidencing the company's liability to pay a specified amount with interest. Although the money raised by the debentures becomes a part of the company's capital structure, it does not become share capital. Senior debentures get paid before subordinate debentures, and there are varying rates of risk and payoff for these categories. Debentures are freely transferable by the debenture holder. Debenture holders have no rights to vote in the company's general meetings of shareholders, but they may have separate meetings or votes e.g. on changes to the rights attached to the debenture ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
