Category: company law

Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490; [2009] WLR (D) 179

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Brent London Borough Council v Risk Management Partners Ltd – WLR daily

Posted June 12th, 2009 in company law, law reports, local government by sally

“A local authority had no power, by virtue of s 2 of the Local Government Act 2000 or s 111 of the Local Government Act 1972, to enter into an arrangement with a company to carry on a mutual insurance business.”

WLR Daily, 11th June 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court of Appeal clarifies procurement rules and ends local authorities’ insurance venture – OUT-LAW.com

Posted June 10th, 2009 in company law, local government, news by sally

“Local authorities have been barred from joining together to form an insurance company. The Court of Appeal has blocked London authorities from forming the mutual firm, ruling that councils acted beyond their powers and broke procurement rules.”

OUT-LAW.com, 10th June 2009

Source: www.out-law.com

FSA faces multimillion claim for failing to stop Terry Freeman trading – The Times

Posted March 5th, 2009 in company law, financial regulation, negligence, news by sally

“The Financial Services Authority is facing a multimillion-pound compensation claim from a group of investors who say that the City watchdog failed to stop the activities of a suspected rogue trader.”

The Times, 5th March 2009

Oak Investment Partners XII v Boughtwood and others [2009] EWHC 176 (Ch); [2009] WLR (D) 39

Oak Investment Partners XII v Boughtwood and others – WLR Daily

Posted February 10th, 2009 in company law, law reports, shareholders, unfairly prejudicial conduct by sally

“In an appropriate case, where a significant shareholder, who, as a result of being such a shareholder, was appointed to a management role within the company, then engaged in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct was capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.”

WLR Daily, 9th February 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regulatory Enforcement and Sanctions Act comes into force – OUT-LAW.com

Posted September 30th, 2008 in company law, fines, local government, news by sally

“Regulators could be given the power to fine companies and order them directly to stop doing something under new laws to come into force in the UK on Wednesday.”

OUT-LAW.com, 29th September 2008

Source: www.out-law.com

Company name display rules will change in October – OUT-LAW.com

Posted September 12th, 2008 in company law, news, trade names by sally

“The law on companies’ display of names at their premises will change in three weeks’ time. From 1st October companies will have to display their registered name anywhere they do business, but will no longer have to put it on the outside of buildings.”

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners [2008] EWCA Civ 858; [2008] WLR (D) 253

OUT-LAW.com, 11th September 2008

Source: www.out-law.com

Johnston Publishing (North) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted July 25th, 2008 in capital gains tax, company law, law reports by sally

“In order for companies to qualify for exemption from a taxable charge under s 179 of the Taxation of Chargeable Gains Act 1992, they had to be ‘associated’ not only at the time of leaving the group but also at the time of the relevant intra-group transfer. On the proper construction of the section, the use of the word ‘associated’ on its second appearance was not redundant but required the court to consider whether that word was intended to serve some purpose and was not redundant.”

WLR Daily, 24th July 2008

IIG Capital llc v Van der Merwe

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regulatory Enforcement and Sanctions Act 2008

Posted July 22nd, 2008 in company law, fines, legislation, local government by sally

Regulatory Enforcement and Sanctions Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

IIG Capital llc v Van der Merwe – Times Law Reports

Posted June 25th, 2008 in company law, guarantees, law reports by sally

Court of Appeal

“Where shareholders of a company over which they had complete control borrowed money for the business, the question whether they guaranteed to repay the loan as principal or as secondary obligors had to be assessed in that context.”

The Times, 25th June 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

EAT explains when company owners are employees – OUT-LAW.com

Posted March 6th, 2008 in company law, employment, news by sally

“The owners or controllers of a business can also enjoy protection as employees. The conditions that must be satisfied before such protection exists have now been clarified in a new ruling from the Employment Appeal Tribunal (EAT).”

OUT-LAW.com, 5th March 2008

Source: www.out-law.com

Government postpones company law reforms until October 2009 – OUT-LAW.com

Posted November 9th, 2007 in company law, news by sally

“The date when significant parts of the Companies Act come into force has been put back a year. It will now be 1st October 2009 instead of 1st October 2008, according to the UK Government.”

OUT-LAW.com, 7th November 2007

Source: www.out-law.com

Government delays Companies Act – The Times

Posted November 8th, 2007 in company law, news by sally

“The Government has delayed the introduction of some of the remaining provisions of the Companies Act 2006, a wide-ranging overhaul of UK company law, it was announced today (7 November).”

The Times, 7th November 2007

Investor protest as ‘simplified’ company law prevents free votes at AGM – The Times

Posted November 6th, 2007 in company law, news by sally

“Britain’s biggest investors have written to the Government to demand changes to the new Companies Act, which they say prevents them from taking action over unsatisfactory behaviour by businesses.”

The Times, 6th November 2007

The Companies Act: the longest piece of legislation ever – The Times

Posted September 26th, 2007 in company law, news by sally

“The Government’s aim is to simplify company law and make it easier to understand, especially for small businesses – yet it is the longest piece of legislation passed by Parliament since it was established by Oliver Cromwell in the 17th century. Eight years in the making, the Act runs to 1,300 sections and 701 pages.”

The Times, 25th September 2007

The Companies Act: timetable for introduction – The Times

Posted September 25th, 2007 in company law, special report by sally

“A number of parts of the Act are already in force. Put on the statute book on November 8, 2006, it is being introduced in stages over two years. The Government intends that it will be fully in force by October 2008.”

The Times, 25th September 2007

Companies Act under threat from European Commission – OUT-LAW.com

Posted July 13th, 2007 in company law, EC law, news by sally

“The European Commission has proposed simplifying the law governing businesses in Europe just months after large parts of the UK’s new Companies Act came into force.”

Companes Act 2006 – derivative claims

OUT-LAW.com, 12th July 2007

Source: www.out-law.com

Companies Act 2006 – Derivative Claims – Ministry of Justice

Posted June 8th, 2007 in civil procedure rules, company law, consultations by sally

“The Companies Act 2006 (“the Act”), which received Royal Assent on 8 November 2006, has, amongst other things, made changes to the substantive law on derivative claims. In order to support the changes it has been necessary to amend the rules of court.”

Source: www.justice.gov.uk

DTI: we need more legal input into Companies Act – Legal Week

Posted May 17th, 2007 in company law, legal profession, news by sally

“The Government has sounded a last-minute rallying call to lawyers in the UK in the bid to encourage the legal profession to engage with its consultation on the Companies Act.”