Cornhill Insurance Plc V Improvement Services Ltd
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Cornhill Insurance Plc V Improvement Services Ltd
''Cornhill Insurance plc v Improvement Services Ltd'' 9861 WLR 114 is a UK insolvency law case concerning the presentation of a winding up petition. Case Improvement Services Ltd claimed money under an insurance policy covering damage by fire to their building from their insurers, Cornhill Insurance plc (now part of Allianz after a takeover in 1986). £65000 was paid out already under the insurance policy. The solicitors of Improvement Services Ltd agreed with the loss adjusters at Cornhill that £1,154 was owed still: for some damage to plaster and damage to an injection machine lance. But Cornhill was not paying up. The solicitors repeated demands. They were not heard. So they went to the Chancery Court and presented a petition to wind up the company on the ground that it was insolvent under the Insolvency Act 1986 ss 122(f) and 123(1)(a). Straight away Cornhill Insurance claimed that Improvement Services was engaged in frivolous, vexatious litigation and applied for an inj ...
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UK Insolvency Law
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006. "Insolvency" means being unable to pay debts. Since the Cork Report of 1982, the modern policy of UK insolvency law has been to attempt to rescue a company that is in difficulty, to minimise losses and fairly distribute the burdens between the community, employees, creditors and other stakeholders that result from enterprise failure. If a company cannot be saved it is "liquidated", so that the assets are sold off to repay creditors according to their priority. The main sources of law include the Insolvency Act 1986, the Insolvency Rules 1986 (replaced in England and Wales from 6 April 2017 by the Insolvency Rules (England and Wales) 2016 – see below), the Company Directors Disqualification Act 1986, the Employment Rig ...
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Fire
Fire is the rapid oxidation of a material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. At a certain point in the combustion reaction, called the ignition point, flames are produced. The ''flame'' is the visible portion of the fire. Flames consist primarily of carbon dioxide, water vapor, oxygen and nitrogen. If hot enough, the gases may become ionized to produce Plasma (physics), plasma. Depending on the substances alight, and any impurities outside, the color of the flame and the fire's Intensity (heat transfer), intensity will be different. Fire in its most common form can result in conflagration, which has the potential to cause physical damage through burning. Fire is an important process that affects ecological systems around the globe. The positive effects of fire include stimulating growth and maintaining various ecological systems. Its negative effects include hazard to life and pr ...
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Cornhill Insurance
Allianz ( , ) is a German multinational financial services company headquartered in Munich, Germany. Its core businesses are insurance and asset management. The company is one of the world's largest insurers and financial services groups. The company is a component of the Euro Stoxx 50 stock market index. Its asset management division, which consists of PIMCO, Allianz Global Investors and Allianz Real Estate, has €2,432 billion of assets under management (AuM), of which €1,775 billion are third-party assets (Q1 2021). Allianz sold Dresdner Bank to Commerzbank in November 2008. History Foundation ''Allianz AG'' was founded in Berlin on 5 February 1890 by then-director of the ''Munich Reinsurance Company'' Carl von Thieme (a native of Erfurt, whose father was the director of the insurance company ''Thuringia'') and Wilhelm von Finck (co-owner of the ''Merck Finck & Co. Bank''). The joint company was listed in Berlin's trade register under the name ''Allianz ...
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Allianz
Allianz ( , ) is a German multinational financial services company headquartered in Munich, Germany. Its core businesses are insurance and asset management. The company is one of the world's largest insurers and financial services groups. The company is a component of the Euro Stoxx 50 stock market index. Its asset management division, which consists of PIMCO, Allianz Global Investors and Allianz Real Estate, has €2,432 billion of assets under management (AuM), of which €1,775 billion are third-party assets (Q1 2021). Allianz sold Dresdner Bank to Commerzbank in November 2008. History Foundation ''Allianz AG'' was founded in Berlin on 5 February 1890 by then-director of the ''Munich Reinsurance Company'' Carl von Thieme (a native of Erfurt, whose father was the director of the insurance company ''Thuringia'') and Wilhelm von Finck (co-owner of the ''Merck Finck & Co. Bank''). The joint company was listed in Berlin's trade register under the name ''Al ...
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Insolvency Act 1986
The Insolvency Act 1986c 45 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures. Elements of the Act have been updated by the Enterprise Act 2002 which came into enforcement on 1 April 2004 and introduced amongst other things the popular "out-of-court" administration route.Lyndon Norley, Kirkland & Ellis International LLP and Joseph Swanson and Peter Marshall, Houlihan Lokey (2008). A Practitioner's Guide to Corporate Restructuring. City & Financial Publishing, 1st edition Those considering the main Act should also refer to the Insolvency Rules 1986 and numerous Regulations and other amending legislation since 1986, and also to the best practice which ...
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Vexatious Litigation
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment. Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Jeremiah Harman (judge)
Sir Jeremiah Le Roy Harman (13 April 1930 – 6 March 2021) was an English barrister and High Court judge. His judicial service was marred by a series of gaffes and high-profile incidents, culminating in his resignation in 1998 after being subject severe criticism by the Court of Appeal for delays in handing down a judgment. Early life Harman was born in Kensington, London, the son of Sir Charles Harman and Helen Sarah Le Roy Lewis. Harman was educated at Eton College, before joining the Coldstream Guards and subsequently the Parachute Regiment. He was called to the bar at Lincoln's Inn in 1954. He was appointed a judge of the High Court's Chancery Division in 1982. Judicial career He was known for his comments which were taken to reinforce the popular public stereotype of judges being out of touch with everyday life. He claimed not to have heard of Oasis at the height of their fame in 1996,, and not to be familiar with "Gazza" as the nickname for Paul Gascoigne in 1990 w ...
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Lynn Ungoed-Thomas
Sir Arwyn Lynn Ungoed-Thomas (29 June 1904 – 4 December 1972) was a Welsh Labour Party politician and British judge. Personal life He was born on 29 June 1904, the son of Evan Ungoed-Thomas, minister of Tabernacle Welsh Baptist Church, Carmarthen, for more than forty years. He was educated at Queen Elizabeth Grammar School (Carmarthen), Haileybury College and Magdalen College, Oxford. He married on 19 April 1933 to Dorothy, the daughter of Jasper Travers Wolfe of county Cork. They had two sons and one daughter. Ungoed-Thomas played rugby union for Leicester Tigers in 1931, featuring in eight games between January and March and scoring two tries. Career Before his political career, he served in the army throughout World War II, where he became a major. He was elected at the 1945 general election as Member of Parliament (MP) for the Welsh constituency of Llandaff and Barry. His seat was abolished for the 1950 general election, but shortly afterwards the Labour ...
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Mann V Goldstein
''Mann v Goldstein'' 9681 WLR 1091 is a UK insolvency law case concerning the bringing of a winding up petition when a company is alleged to be unable to repay its debts. Facts Peter and Anita Mann sought an injunction against a winding up petition by Mr Sidney Goldstein and his wife, as well as Wallander Laboratories Ltd, on the ground that the debts were under dispute. The four people were equal shareholders in two hairdressing businesses, Joanita Ltd in Pinner, London, managed by Mr Mann, and Chairmaine Coiffeur d’Art Ltd in Haverstock Hill, run by Mr Goldstein. Wallander Ltd sold wigs They fell out, and negotiated to separate the businesses, but these failed. Mr Goldstein brought the winding up petition alleging that he was owed £1869 16s 3d in directors’ fees, declared by Joanita in 1959-1960 but not paid. Mr Mann did not dispute this, but argued that more than this was paid out in £15 weekly sums from 1965 to 1967. Wallands Ltd argued it was owed £340 16s 6d for goo ...
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In Re A Company
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal ( insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsiders, 1967 ...
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Harry Vaisey
Sir Harry Bevir Vaisey (22 June 1877 – 24 November 1965) was a British judge, who sat in the Chancery Division of the High Court between 1944 and 1960. An authority on ecclesiastical law, he is remembered for some of his more colourful turns of phrase. Biography Vaisey was educated at Shrewsbury School and Hertford College, Oxford, where he took Firsts in Classical Moderations in 1898 and '' Literae Humaniores'' in 1900. He was called to the bar by Lincoln's Inn in 1901 and devilled for a time for Mark Romer. He acquired a large general practice at the Chancery bar, took silk in 1925, and was elected Bencher of Lincoln's Inn in 1929. A high churchman, he often appeared in front of ecclesiastical courts. He served as Chancellor of the dioceses of Derby and Wakefield from 1928 to 1944, Chancellor of the diocese of Carlisle from 1930 to 1944, Vicar-General of the Province of York from 1934 to 1944, and Commissary General for the Diocese of Canterbury from 1942 to 1944. Vaisey ...
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