company law – Page 13 – Current Awareness

Integral Petroleum SA v SCU-Finanz AG – WLR Daily

Posted March 6th, 2015 in company law, conflict of laws, contracts, documents, EC law, law reports by sally

Integral Petroleum SA v SCU-Finanz AG [2015] EWCA Civ 144; [2015] WLR (D) 97

‘Where a contract had been signed by only one of a company’s two joint signatories, the question of whether the company was bound by the contract was properly characterised as a question of the company’s capacity, to be governed by the law of the company’s constitution, rather than a question of the formal validity of the contract, to be governed by the law which governed the contract, pursuant to article 11 of Parliament and Council Regulation (EC) No 593/2008.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

UK restructuring laws already geared towards business rescue, says government – OUT-LAW.com

Posted February 11th, 2015 in company law, debts, EC law, insolvency, news, small businesses by sally

‘UK procedures allowing businesses to restructure in order to avoid insolvency already meet EU plans for a more ‘rescue-orientated’ approach to business failure and insolvency, according to a discussion document published by the Insolvency Service.’

Full story

OUT-LAW.com, 10th February 2015

Source: www.out-law.com

When a duty of care does arise in tort – suing Companies House – UK Human Rights Blog

Posted February 9th, 2015 in bankruptcy, company law, compensation, duty of care, mistake, news, winding up by sally

‘Cases about whether someone owes a duty of care in tort can be surprisingly difficult to decide. Kate Beattie has just posted on the Michael case here, where no duty was held to arise, despite (it appears) the police control room being told by the doomed Ms Michael that her ex-boyfriend had just told her that he was just about to “fucking kill you”. He was as good as his word, within 20 minutes, and the family now sues the police. How much more direct can you be than that? And yet the family lost 5-2 in the Supreme Court.’

Full story

UK Human Rights Blog, 8th February 2015

Source: www.ukhumanrightsblog.com

Director loses appeal against FCA fine and ban in conflict of interest case – OUT-LAW.com

Posted January 14th, 2015 in appeals, company directors, company law, conflict of interest, financial regulation, fines, news by sally

‘A non-executive director who failed to declare a conflict of interest has lost her appeal against the Financial Conduct Authority (FCA), which had fined her £154,800 and banned her from holding a regulated financial services role.’

Full story

OUT-LAW.com, 13th January 2015

Source: www.out-law.com

In re APCOA Parking Holdings GmbH and others – WLR Daily

Posted December 2nd, 2014 in company law, jurisdiction, law reports, news, schemes of arrangement by sally

In re APCOA Parking Holdings GmbH and others [2014] EWHC 3849 (Ch); [2014] WLR (D) 499

‘The court had jurisdiction to sanction a scheme of arrangement pursuant to Part 26 of the Companies Act 2006 where, pursuant to a change of law clause in a facilities agreement governing the indebtedness of the scheme companies, a change of governing law to English law had been effected, even though the parties were incorporated in another jurisdiction and had COMI in another jurisdiction. The change of law was valid even where the original choice of law was the foundation for access to the processes and provisions of the new law chosen and those processes and provisions enabled the same parties as objected to the change of law to be placed under compulsion to accept some further change in their existing contractual rights.’

WLR Daily, 19th November 2014

Source: www.iclr.co.uk

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) – Supreme Court

Posted November 26th, 2014 in company law, financial dispute resolution, foreign companies, law reports, money laundering, Supreme Court, terrorism by sally

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) [2014] UKSC 64 (YouTube)

Supreme Court, 26th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Human rights guidance for lawyers – is it necessary? – Halsbury’s Law Exchange

Posted November 17th, 2014 in barristers, codes of practice, company law, human rights, news, solicitors by sally

‘On 23 October 2014, the International Bar Association (IBA) Business and Human Rights Working Group released draft guidance for bar associations and business lawyers on the implementation of the UN Guiding Principles on Business and Human Rights (the Guiding Principles).’

Full story

Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

LSB attacks “arbitrary nature” of separate business rule – Legal Futures

Posted October 10th, 2014 in alternative business structures, company law, consumer protection, disclosure, law firms, legal services, news by sally

‘The Legal Services Board (LSB) has attacked the “arbitrary nature” of the separate business rule used by the Solicitors Regulation Authority (SRA), and said the list of what is permitted and what is not is “confusing”.’

Full story

Legal Futures, 10th October 2014

Source: www.legalfutures.co.uk

No loss of confidence – establishing causation in confidential information claims – RPC Privacy Law

Posted October 8th, 2014 in burden of proof, company law, confidentiality, contracts, damages, equity, news, shareholders, trusts, valuation by sally

‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’

Full story

RPC Privacy Law, 7th October 2014

Source: www.rpc.co.uk

Shareholder democracy in shackles? – 11 Stone Buildings

Posted August 7th, 2014 in company law, news, shareholders by sally

‘Lexa Hilliard QC and Sarah Clarke discuss the potential ramifications of the first Court of Appeal decision in Burry & Knight Ltd V Martin John Murless Knight (2014) [2014] EWCA Civ 604 on new provisions in the Companies Act 2006 which limit access to the register of members.’

Full story (PDF)

11 Stone Buildings, July 2014

Source: www.11sb.com

Insolvent defendants and claimants – Thirty Nine Essex Street

Posted June 6th, 2014 in company law, damages, insolvency, limitations, news, personal injuries, winding up by sally

‘Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution. Dissolution can occur, broadly speaking, in two ways, one is at the end of the process of winding up (whether voluntary or compulsory) and the other is by the process of striking off the Register of Companies or limited liability partnerships. The latter occurs either as a result of the company’s or LLP’s failure to file accounts, returns etc. or by a process of voluntary striking off.’

Full story (PDF)

Thirty Nine Essex Street, 7th March 2014

Source: www.39essex.com

Rewriting the Register? Statutory powers and jurisdiction to amend the Register of Companies – 11 Stone Buildings

Posted June 5th, 2014 in amendments, company law, documents, news by sally

‘In Registrar of Companies v Angela Swarbrick, Maurice Moses and Craig Lewis (as Joint Administrators of Gardenprime Limited) [2014] EWHC 1466 (Ch), the High Court provides guidance on the provisions of the Companies Act 2006 which permit the removal of unnecessary material on the Register of Companies and clarifies the extent of the Court’s jurisdiction to control the Registrar of Companies’ functions in this regard. Sarah Clarke explains a decision which is likely to expand the circumstances in which the Registrar will agree to remove material.’

Full story

11 Stone Buildings, May 2014

Source: www.11sb.com

Government proposes higher court fees for commercial cases – OUT-LAW.com

Posted December 6th, 2013 in civil justice, company law, consultations, courts, fees, news by sally

‘Companies seeking to recover large sums through the civil courts could be charged up to £20,000 in fees under proposals put forward by the Ministry of Justice (MoJ).’

Full story

OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Justice Committee calls for “more meaningful” penalties for companies convicted of financial crime – OUT-LAW.com

Posted November 14th, 2013 in bribery, company law, financial regulation, fines, fraud, money laundering, news, penalties, select committees, sentencing by sally

“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”

Full story

OUT-LAW.com, 13th November 2013

Source: www.out-law.com

Public register to boost company transparency – Department for Business, Innovation and Skills & Prime Minister’s Office

Posted October 31st, 2013 in company law, disclosure, news, shareholders by michael

“Details of who really owns and controls UK companies will be made publicly accessible, the Prime Minister announced at the Open Government Partnership summit.”

Press release

BIS and Prime Minister’s Office, 31st October 2013

Source: www.gov.uk/government/organisations/department-for-business-innovation-skills

Eclairs Group Ltd and another v JKX Oil & Gas plc and others – WLR Daily

Posted October 11th, 2013 in company directors, company law, disclosure, law reports, notification, shareholders by sally

Eclairs Group Ltd and another v JKX Oil & Gas plc and others [2013] EWHC 2631 (Ch); [2013] WLR (D) 373

“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”

WLR Daily, 30th August 2013

Source: www.iclr.co.uk

Companies that blacklist workers face ban from public contracts in Wales – The Guardian

Posted September 12th, 2013 in company law, construction industry, news, public procurement, trade unions, Wales by sally

“Companies that blacklist workers for taking part in trade union activity face being barred from multibillion-pound public sector contracts under plans unveiled by the Welsh government.”

Full story

The Guardian, 11th September 2013

Source: www.guardian.co.uk

Expecting business to respect human rights without incentives or Sanctions – UK Human Rights Blog

Posted September 5th, 2013 in company law, enforcement, human rights, international trade, news, sanctions, United Nations by sally

“Cross-government coordination on an issue that affects trade, international development, foreign affairs, business activity and human rights is remarkable, especially at such a difficult economic time. So the UK’s Action Plan on Business and Human Rights, which is the government’s long-awaited strategy for implementing the 2011 UN Guiding Principles on Business and Human Rights, is to be applauded for this achievement. Yet, while the Plan establishes clear expectations that UK companies should respect human rights, there are no effective legal requirements placed on them to do so.”

Full story

UK Human Rights Blog, 4th September 2013

Source: www.ukhumanrightsblog.com

Flexibility in financial control rules mean record football transfer spend could be broken, says expert – OUT-LAW.com

Posted September 4th, 2013 in company law, financial regulation, news, sport by sally

“English Premier League football clubs could set new records for spending on player transfers in the years to come despite being subject to new financial controls, an expert has said.”

Full story

OUT-LAW.com, 4th September 2013

Source: www.out-law.com