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Company Law

Analysis - guidance - compliance

05 AUG 2013

August 2013

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ANTONIO GRAMSCI SHIPPING CORPORATION AND OTHERS v AIVARS LEMBERGS
[2013] EWCA Civ 730

Court of Appeal

Lloyd, Beatson and Ryder LJJ

19 June 2013

Simon Rainey QC and Natalie Moore for the appellant
Anthony De Garr Robinson QC and Laurence Emmett for the respondent

Cur adv vult

BEATSON LJ:

1 Introduction:

[1]        This is an appeal by Antonio Gramsci Shipping Corporation and others ("Antonio Gramsci") against the Order by Teare J on 24 July 2012 reflecting his judgment handed down on 12 July. The judge held that the courts of England and Wales do not have jurisdiction pursuant to Articles 23 and 24 of the Brussels Regulation over Mr Aivars Lembergs, a wealthy businessman domiciled in Latvia.  This appeal is only concerned with Article 23.

APEX GLOBAL MANAGEMENT LIMITED v FI CALL LIMITED AND OTHERS
[2013] EWHC 1652 (Ch)

Chancery Division

Vos J

20 June 2013

Mr John Wardell QC and Ms Rosa Zaffuto for the 3rd, 4th and 5th Respondents
Mr Robert Howe QC, Mr Daniel Lightman, and Mr Paul Adams

Cur adv vult

VOS J:

Introduction

[1]        This is now the third in a series of disputes surrounding the jurisdiction of the Court to determine a petition presented under section 994 of the Companies Act 2006 ("section 994") on 12th December 2011 ("Apex's petition") by Apex Global Management Limited ("Apex" or the "Petitioner"), a company incorporated in the Seychelles, which is owned and controlled by Mr Faisal Abdel Hafiz Almhairat, a Jordanian businessman ("Mr Almhairat").

GENIL 48 SL, COMERCIAL HOSTELERA DE GRANDES VINOS SL v BANKINTER SA, BANCO BILBAO VIZCAYA ARGENTARIA SA (CASE C-604/11)

Court of Justice

L Bay Larsen, President of the Chamber, J Malenovský, U Lõhmus (Rapporteur), M Safjan and A Prechal, Judges, Advocate General: Y Bot, Registrar: M Ferreira, Principal Administrator

30 May 2013

Cur adv vult

JUDGMENT:

[1]        This request for a preliminary ruling concerns the interpretation of Articles 4(1)(4) and 19(4), (5) and (9) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ 2004 L 145, p. 1).

IN THE MATTER OF GP AVIATION GROUP INTERNATIONAL LIMITED (IN LIQUIDATION); AND IN THE MATTER OF THE INSOLVENCY ACT 1986 STEVEN JOHN WILLIAMS (ACTING AS LIQUIDATOR OF GP AVIATION GROUP INTERNATIONAL LIMITED) v COLIN NEIL GLOVER MARK NICHOLAS PEARSON
[2013] EWHC 1447 (Ch)

Chancery Division

Pelling J QC

4 June 2013

Mr James Morgan for the applicant
Mr Michael Gibbon QC for the Respondents

Cur adv vult

PELLING JQC:

Introduction

[1]        This the hearing of an application by the Applicant for directions made pursuant to s.167(3) of the Insolvency Act 1986 ("IA") concerning the assignment of conduct of certain outstanding tax appeals by GP Aviation Group International Limited ("the Company") and for a stay of misfeasance proceedings brought by the Applicant against the Respondents pending the outcome of the appeals. The hearing was concluded at 16.30 on the 17th May 2013. Although the application had been fully argued, I was asked to delay delivery of a judgment until the first week in June because there were on going discussions that, if successful, would mean that it would be unnecessary to deliver this judgment. I acceded to that submission since if a pragmatic solution to the problem could be agreed, it would avoid the parties becoming further distracted by what is or has become a highly technical issue.

HM REVENUE & CUSTOMS v SED ESSEX LIMITED
[2013] EWHC 1583 (Ch)

Chancery Division

John Randall QC
(sitting as Deputy High Court Judge)

14 June 2013

Mr Mark Cunningham QC and Mr Christopher Brockman for the Petitioner and applicant
Mr David Berkley QC and Mr Rizwan Ashiq for the respondent

Cur adv vult

JOHN RANDALL QC:

[1]        The petition herein, which was presented on 13 December 2012, seeks a compulsory winding-up order in respect of the Respondent company SED Essex Ltd ("the Company").  It is founded on an alleged indebtedness of just over £3 million, based on 4 assessments for VAT raised by the Petitioner and Applicant, HM Revenue & Customs ("HMRC") which deny the Company's claims to input tax in respect of purchases it made or purportedly made from 6 suppliers during the 4 VAT quarters between 1st October 2011 and 30 September 2012, brief details of which are listed in the Schedule to the petition [A/1/4].  On 11 January 2013 the Company instituted an appeal against them to the Tax Chamber of the First Tier Tribunal, which is currently the subject of a stay until 21 June 2013.  The petition is listed for hearing in this Court on 1 July 2013.

(1) HRH PRINCE ABDULAZIZ BIN MISHAL BIN ABDULAZIZ AL SAUD (2) HRH PRINCE MISHAL BIN ABDULAZIZ AL SAUD v APEX GLOBAL MANAGEMENT LIMITED
[2013] EWCA Civ 642

Court of Appeal

Maurice Kay, Richards and Briggs LJJ

11 June 2013

Mr A Jones QC and Mrs R Zaffuto for the appellant
Mr Robert Howe QC and Ms Shaheed Fatima for the Respondents

Cur adv vult

Introduction

BRIGGS LJ:

[1]        This is an appeal (with the leave of the judge) by two Saudi Arabian princes (the "Princes") from the decision of Vos J dismissing their applications claiming sovereign immunity from claims made against them in an unfair prejudice petition under section 994 of the Companies Act 2006 by Apex Global Management Limited ("Apex") in relation to the affairs of an English company Fi Call Limited ("Fi Call").  Due to the need for the parties to know the outcome of the appeal ahead of an imminent further hearing in the Chancery Division, we announced our decision dismissing the appeal on 15 May, shortly after the end of the hearing.  These judgments set out our reasons for doing so.   

JSC BTA BANK v USAREL INVESTMENTS LIMITED
[2013] EWHC 1780 (Ch)

Chancery Division

Warren J

24 June 2013

Cyril Kinsky QC for the claimant/respondent
Stephen Smith QC and Tim Akkouh for the defendant/applicant

Cur adv vult

WARREN J:

[1]        The applicant, Mr Rubin, seeks a ruling that his appointment as litigation receiver in relation to the 5th defendant in the action ("Usarel") gives him power to conduct an appeal (including an application to the Court of Appeal for permission to appeal) from the order of Teare J following the trial of the action.

KOHLI v LIT AND OTHERS [2013] EWCA Civ 667

Court of Appeal

Laws LJ, Black LJ, Mann J

13 March 2013

Mr Peter Griffiths for the Petitioner
Mr Simon Butler for the Respondents

Cur adv vult

LAWS LJ:

Introduction

[1]        This is the judgment of the Court, prepared by Mann J

THE TRUSTEES OF THE OLYMPIC AIRLINES SA PENSION & LIFE INSURANCE SCHEME v OLYMPIC AIRLINES SA [2013] EWCA Civ 643

Court of Appeal

Moore-Bick LJ, Sir Stephen Sedley and Sir Bernard Rix

6 June 2013

David Chivers QC and Mr Sebastian Prentis for the appellant
Mr Marcus Haywood for the respondent

Cur adv vult

SIR BERNARD RIX:

[1]        This appeal is about the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That jurisdiction, under the Insolvency Regulation (Council Regulation (EC) 1346/2000), depends on the existence of an "establishment" in England. Article 2(h) of the Regulation provides:

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