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Brady V Brady
''Brady v Brady'' 989AC 755 is a UK company law case decided by the House of Lords relating to the prohibition on financial assistance. Facts T. Brady & Sons Ltd and its subsidiaries went through restructuring after the two brothers that owned the majority of shares fell out and wished to divide the company's assets. One part of the process involved paying financial assistance to reduce liability on the company buying some of the shares. The fact that it was financial assistance was accepted, but it was argued that this was not the main purpose, relying on the exception in section 153(2) of the Companies Act 1985 (now the Companies Act 2006 section 678(4) exception). That section provided that: "Section 151(2) f the Companies Act 1985does not prohibit a company from giving financial assistance if (a) the company’s principal purpose in giving the assistance is not to reduce or discharge any liability incurred by a person for the purpose of the acquisition of shares in the comp ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Lord Keith Of Kinkel
Henry Shanks Keith, Baron Keith of Kinkel, (7 February 1920 – 21 June 2002) was a British judge. The son of James Keith, Baron Keith of Avonholm, Harry Keith was educated in the Edinburgh Academy, at Magdalen College, Oxford, where he graduated with a Master of Arts and the University of Edinburgh, where he graduated with a Bachelor of Law. In the Second World War, he was an officer in the Scots Guards and was mentioned in dispatches, reaching the rank of Captain. He was admitted to the Faculty of Advocates in 1950, and was made a Queen's Counsel in 1962. In 1951, he had been called to the English Bar from Gray's Inn, where he became a bencher in 1976. He appointed as Sheriff of Roxburgh, Berwick and Selkirk in 1970, succeeding David Brand. He was appointed a Senator of the College of Justice with the judicial title Lord Keith in 1971. On 10 January 1977, he was appointed Lord of Appeal in Ordinary and was made additionally a life peer with the title Baron Keith of Kink ...
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Lord Havers
Robert Michael Oldfield Havers, Baron Havers (10 March 1923 – 1 April 1992), was a British barrister and Conservative politician. From his knighthood in 1972 until becoming a peer in 1987 he was known as Sir Michael Havers. Early life and military service Havers was the second son of High Court judge Sir Cecil Havers and Enid Flo Havers, ''née'' Snelling. He was the brother of Baroness Butler-Sloss (born 1933) who in 1988 became the first woman named to the Court of Appeal and later President of the Family Division. He was educated at Westminster School, before joining the Royal Navy in 1941 during the Second World War. He served as a 19-year-old Midshipman on HMS ''Sirius'' attached to Force Q in the Mediterranean. On 10 September 1943, he was promoted from temporary acting sub-lieutenant to temporary sub-lieutenant. Following the end of the war, he transferred to the permanent Royal Navy Volunteer Reserve during April 1947 in the rank of lieutenant seniority from 1 Aug ...
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Lord Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995. Early life and career Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service. After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the Middle Temple, where he was a Harmsworth Scholar, but joined Lincoln's Inn ''ad eundem'' as a MacMahon Scholar. He also practiced ...
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Hugh Griffiths, Baron Griffiths
William Hugh Griffiths, Baron Griffiths, MC, PC (26 September 1923 – 30 May 2015) was a British soldier, cricketer, barrister, judge and life peer. The son of Sir Hugh Griffiths, he was educated at Charterhouse School and St John's College, Cambridge. During the Second World War he served in the Welsh Guards, receiving a Military Cross in 1944 for an action in which he disarmed a German tank. Griffiths was called to the Bar, Inner Temple in 1949, and became a Queen's Counsel in 1964. From 1962 to 1964, he was Recorder of Margate, and from 1964 to 1970 of Cambridge. In 1971, Griffiths was knighted and was made Judge of the High Court of Justice, Queen's Bench Division, a post he held until 1980. Between 1980 and 1985, he was Lord Justice of Appeal, and between 1985 and 1993 Lord of Appeal in Ordinary, and was created, on 23 May 1985, a life peer with the title Baron Griffiths, of Govilon, in the County of Gwent on his appointment. Griffiths married three times: first ...
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Peter Oliver, Baron Oliver Of Aylmerton
Peter Raymond Oliver, Baron Oliver of Aylmerton, PC (7 March 1921 – 17 October 2007) was a British judge and barrister. Oliver was born in Cambridge, where his father, David Thomas Oliver, was a professor of law and fellow of Trinity Hall, Cambridge. He was educated at The Leys School, Cambridge and Trinity Hall, Cambridge, graduating with a starred First in law in 1941. He later became an honorary fellow of Trinity Hall, and became University Commissary. From 1941 to 1945, he served in the 12th Battalion Royal Tank Regiment, and was mentioned in dispatches during his service in Italy. He was Honorary President of the Cambridge University Law Society. Oliver was called to the Bar at Lincoln's Inn in 1948, and became a chancery barrister. He became a Queen's Counsel in 1965, a bencher at Lincoln's Inn in 1973. He was knighted one year later, when he was appointed a Judge of the High Court in the Chancery Division. Between 1976 and 1980, he was a member of the Restr ...
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UK Company Law
The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth and as an international standard setter, UK law has always given people broad freedom to design the internal company rules, so long as the mandato ...
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Financial Assistance (share Purchase)
Financial assistance in law refers to assistance given by a company for the purchase of its own shares or the shares of its holding companies. In many jurisdictions such assistance is prohibited or restricted by law. For example, all EU member states are required to restrict financial assistance by public companies up to the limit of the company's distributable reserves, although some members go further, for example, Belgium, Bulgaria, France, and The Netherlands restrict financial assistance by all companies. Where such assistance is given in breach of applicable law it will render the relevant transaction void and may constitute a criminal offence. Outline The assistance can be of a variety of different types. The most common type of assistance is a financial guarantee for a loan and/or third party security to allow a borrower to borrow money to buy shares which is routinely given (to the extent legally possible) after a leveraged buyout in support of the new owner's acquisition ...
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Companies Act 1985
The Companies Act 1985 (c. 6) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, enacted in 1985, which enabled companies to be formed by registration, and set out the responsibilities of companies, their directors and secretaries. It has largely been superseded by the Companies Act 2006. The Act was a consolidation of various other pieces of company legislation, and was one component of the rules governing companies in England and Wales and in Scotland. A company will also be governed by its own memorandum and articles of association. Table A, which lays out default articles of association, was not included in the body of the Act, as it had been in all previous Companies Acts. Instead, it was introduced by statutory instrument - the Companies (Tables A to F) Regulations 1985. The Act applied only to companies incorporated under it, or under earlier Companies Acts. Sole traders, partnerships, limited liability partnerships etc. were not g ...
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Companies Act 2006
The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largely superseded the Companies Act 1985. The Act provides a comprehensive code of company law for the United Kingdom, and made changes to almost every facet of the law in relation to companies. The key provisions are: * the Act codifies certain existing common law principles, such as those relating to directors' duties. * it transposes into UK law the Takeover Directive and the Transparency Directive of the European Union * it introduces various new provisions for private and public companies. * it applies a single company law regime across the United Kingdom, replacing the two separate (if identical) systems for Great Britain and Northern Ireland. * it otherwise amends or restates almost all of the Companies Act 1985 to varying degrees. The ...
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United Kingdom Company Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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1988 In British Law
File:1988 Events Collage.png, From left, clockwise: The oil platform Piper Alpha explodes and collapses in the North Sea, killing 165 workers; The USS Vincennes (CG-49) mistakenly shoots down Iran Air Flight 655; Australia celebrates its Australian Bicentenary, Bicentennial on January 26; The 1988 Summer Olympics are held in Seoul, South Korea; Soviet Union, Soviet troops begin their Soviet-Afghan War, withdrawal from Afghanistan, which is completed the 1989, next year; The 1988 Armenian earthquake kills between 25,000-50,000 people; The 8888 Uprising in Myanmar, led by students, protests the Burma Socialist Programme Party; A bomb explodes on Pan Am Flight 103, causing the plane to crash down on the town of Lockerbie, Scotland- the event kills 270 people., 300x300px, thumb rect 0 0 200 200 Piper Alpha rect 200 0 400 200 Iran Air Flight 655 rect 400 0 600 200 Australian Bicentenary rect 0 200 300 400 Pan Am Flight 103 rect 300 200 600 400 1988 Summer Olympics rect 0 400 200 600 8888 ...
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