Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Company Law

Analysis - guidance - compliance

24 MAY 2013

June 2013

To see this information in full, subscribe to Gore-Browne Online,  request a FREE trial to this service or any other Gore-Browne on EU, International Corporate Procedures, Jordans Company Administration and Governance,

R & S FIRE AND SECURITY SERVICES LIMITED v FIRE DEFENCE PLC [2012] EWHC 4222 (Ch)

Chancery Division

Newey J

26 November 2012

Mr Gerard Van Tonder for the applicant
Mr Michael Wheater for the respondent

Cur adv vult

MR NEWEY J:

[1]        The application before me relates to a winding-up petition that Fire Defence plc has presented against R&S Fire and Security Services Limited. By the application, R&S asks that Fire Defence be restrained from advertising the petition and for the petition to be removed from the file of proceedings.

AZEVEDO AND ANOTHER v IMCOPA IMPORTAÇÃO, EXPORTAÇÃO E INDÚSTRIA DE OLĖOS LTD AND OTHERS [2013] EWCA Civ 364

Court of Appeal

Lloyd, Aikens, Beatson LLJ

22 April 2013

Simon Goldblatt Q.C. and Karen Gough for the Appellants
Ben Valentin for the Respondents

LLOYD LJ:

Introduction and summary

[1]        In this appeal, from an order of Hamblen J dated 30 May 2012, the appellants contend that it is not lawful under English law for a company to undertake a process which they characterise as buying the votes of the holders of notes or other securities issued by the company.  To put the point more formally, the issue is whether English law permits a company to solicit and procure votes in support of a financial restructuring proposal by offering and making cash payments to those members of the relevant class who vote in favour of the proposal but excluding from the payment those who vote against it or do not vote on the resolution at all.  The process is referred to as consent solicitation, and the payments as consent payments.

HSBC BANK v TAMBROOK JERSEY LIMITED [2013] EWHC 866 (Ch)

Chancery Division

Mann J

12 April 2013

Stephen Robins for the applicant

MANN J:

[1]        This is an application seeking the appointment of administrators over Tambrook Jersey Ltd ("Tambrook") made by secured creditors.  It is made pursuant to a letter of request issued by the Royal Court of Jersey dated 28th February 2013, which is said to amount to a request for assistance within section 426(4) of the Insolvency Act 1986.  It presents the relatively unusual feature that there are no existing insolvency proceeding in Jersey, and apparently no intention to commence any.  That raises the question of whether what is being proposed falls within the verb "assist" in section 426(4).  This is a significant point of principle, and a forthcoming intended sale of assets makes delivery of this judgment urgent.

ACUTE PROPERTY DEVELOPMENTS LIMITED v APOSTOLOU AND OTHERS [2013] EWHC 200 (Ch)

Chancery Division

Mr. N. Strauss Q.C.

19 February 2013

Mr. Gavin Hamilton for the claimant.
Mr. Robert Bourne for 3rd defendant.

Cur adv vult

MR. N. STRAUSS QC:

[1]        This was the trial of a claim in this action which resulted from the fraudulent conduct of the 1st and 2nd defendants ("Mr. and Mrs. Apostolou") towards the claimant ("Acute") and the 3rd defendant ("Dr. Savouri"). The action has not been pursued against Mr. and Mrs. Apostolou, and the dispute before me is whether Acute or Dr. Savouri is to bear the loss resulting from their conduct. No other party was involved in the hearing before me.

To log-in click here

Jordan Publishing Company Administration and Governance

Jordan Publishing Company Administration and Governance

"This is an indispensable aid to the busy company secretary. The text is clear, the precedents...

Available in Company Law Online
Gore-Browne on Companies

Gore-Browne on Companies

The pre-eminent source for interpreting and applying company legislation

More Info £1,476.00
Available in Company Law Online
Subscribe to our newsletters