“Companies employing fewer than 10 staff may be exempted from employment regulations under a consultation to be announced on Wednesday, to promote economic growth.”
The Guardian, 22nd November 2011
Source: www.guardian.co.uk
“KPMG Lecture, 18th October 2011.”
Judiciary of England & Wales, 18th October 2011
Source: www.judiciary.gov.uk
“UK businesses should identify and change behaviour that may be deemed to be anti-competitive, the Office of Fair Trading (OFT) has said.”
OUT-LAW.com, 27th June 2011
Source: www.out-law.com
“A company cannot claim for a reduction in its value because of breach of contract unless it has gone out of business, the High Court has said. Damages in all other cases can be based only on the loss of profits caused by the breach, the Court said.”
OUT-LAW.com, 24th May 2011
Source: www.out-law.com
Panter v Rowellian Football Social Club and others [2011] EWHC 1301 (Ch); [2011] WLR (D) 170
“Paragraph 111(1A)(c) of Schedule B1 to the Insolvency Act 1986, as inserted, applied to companies which were incorporated in states outside the European Economic Area and it did not apply to entities that were not incorporated at all.”
WLR Daily, 20th May 2011
Source: www.iclr.co.uk
Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145
“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”
WLR Daily, 20th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Bribery Act could unfairly prejudice British companies after key aspects of it were watered down by the Ministry of Justice, according to former Attorney General Lord Goldsmith.”
Daily Telegraph, 25th April 2011
Source: www.telegraph.co.uk
“A company was ‘deemed to be unable to pay its debts’ within section 123(2) of the Insolvency Act 1986 when the amount of its liabilities, taking into account its contingent and prospective liabilities, exceeded the value of its assets to such an extent that the company had reached the point of no return, and if it continued to use its cash or other assets for current purposes it would amount to a fraud on future or contingent creditors.”
WLR Daily, 8th March 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Revenue and Customs Comrs v Maxwell and another [2010] EWCA Civ 1379; [2010] WLR (D) 219
“The amount of a creditor’s claim against a company in administration and the characterisation of the company’s debt to the creditor were to be assessed under r 2.38(4) and (5) of the Insolvency Rules 1986 at the date of the administration, not the date of the creditors’ meeting, but the chairman’s powers of quantification under rr 2.39(1) and (3) and 2.38(5) were to be exercised taking into account events which had occurred since the administration.”
WLR Daily, 8th December 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter alia, in a category that was limited by public policy or sought to bind third parties or affected the public at large, so as to limit the scope of the available arbitrations.”
WLR Daily, 2nd December 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Companies should have the power to defend themselves against employees’ criminal actions by proving that they took every measure to stamp out illegal practices, the Law Commission has proposed in a radical blueprint for reform.”
Daily Telegraph, 25th August 2010
Source: www.telegraph.co.uk
“Once the Commission of the European Communities had found that an undertaking had participated in anti-competitive practices the undertaking to could not rely on the English domestic law concept of separate corporate entity to argue that the undertaking as a whole or a parent company in the group had not participated in those practices. Where it was alleged in a claim against the defendants that representatives of those alleged to have been party to the anti-competitive behaviour had had discussions to co-ordinate that behaviour and that those discussions had led to each of the defendants co-ordinating their anti-competitive behaviour, that was sufficient to allow the claim against the defendants to continue even if none of the defendants fined by the commission was domiciled in England.”
WLR Daily, 26th July 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Plans for directors to submit to an annual shareholder vote form part of an overhaul of the code of conduct for the UK’s top 350 listed companies.”
BBC News, 27th May 2010
Source: www.bbc.co.uk
Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90
“Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a director and the company secretary.”
WLR Daily, 7th April 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”
WLR Daily, 25th February 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Online Catering Ltd v Acton and another [2010] EWCA Civ 58; [2010] WLR (D) 35
“The Bills of Sale Acts did not apply to companies. Accordingly, a party would not succeed in establishing that a contract was unenforceable for want of registration under the Acts if the relevant contracting party was a company.”
WLR Daily, 11th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A parent company can inadvertently lose control of its subsidiary, according to a ruling by the Court of Appeal. An expert has said that the circumstances in which this will happen are rare but that directors of group companies should mitigate the risks.”
OUT-LAW.com, 26th January 2010
Source: www.out-law.com
“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction a scheme of arrangement which extended to the release of rights over property held by the company under a trust since it did not constitute a compromise or arrangement between the company and its creditors within s 899 of the 2006 Act.”
WLR Daily, 10th November 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Most of the 2006 Companies Act will finally come into force on Thursday when 550 sections of the massive Act are implemented, leaving only a handful of sections to be enacted.”
OUT-LAW.com, 29th September 2009
Source: www.out-law.com
“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction, so as to make binding on dissentients, a scheme of arrangement which had as its purpose the distribution of property held by a company on trust.”
WLR Daily, 26th August 2009
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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