Environment Agency V Clark
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Environment Agency V Clark
''Environment Agency v Clark'' 001Ch 57 (also, ''Re Rhondda Waste Disposal Ltd'') is a UK insolvency law case concerning the right of creditors to bring proceedings against insolvent companies in administration. It concerned s.10, Insolvency Act 1986, now Schedule B1, para. 43(6) whereby a moratorium on legal proceedings is effected after an administration order takes place. Facts Rhondda Waste Disposal Ltd, a company wholly owned by Rhondda Cynon Taf County Borough Council ran a landfill site under a waste management licence in Nant-y-Gwyddon, Rhondda Valley. The Environment Agency served an enforcement notice against Rhondda, telling it to comply with its licence terms, under s.33(6), Environmental Protection Act 1990. It then got an injunction. Rhondda failed to change in the next six months. So Rhondda petitioned for an administration order. The administrator asked the court to clarify whether the Environment Agency needed leave under the Insolvency Act 1986, s.10(1)(c) and ...
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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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Bristol Airport Plc V
Bristol () is a City status in the United Kingdom, city, Ceremonial counties of England, ceremonial county and unitary authority in England. Situated on the River Avon, Bristol, River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in South West England. The wider Bristol Built-up Area is the List of urban areas in the United Kingdom, eleventh most populous urban area in the United Kingdom. Iron Age hillforts and Roman villas were built near the confluence of the rivers River Frome, Bristol, Frome and River Avon, Bristol, Avon. Around the beginning of the 11th century, the settlement was known as (Old English: 'the place at the bridge'). Bristol received a royal charter in 1155 and was historic counties of England, historically divided between Gloucestershire and Somerset until 1373 when it became a county corporate. From the 13th to the 18th century, Bristol was among the top three E ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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United Kingdom Insolvency 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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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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Re Celtic Extraction Case
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a ...
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Re Atlantic Computer Systems Plc
''Re Atlantic Computer Systems plc (No 1)'' Atlantic Computers">Atlantic Computer Systems plc, recently taken over by British and Commonwealth Holdings, had hired a set of computers. It went into insolvency. The company lending the computers attempted to repossess them. The administrators argued this was impermissible. Judgment The Court of Appeal held that the computers could not be repossessed directly. The landlords and hire purchase sellers could not get money as an expense of administrative receivership either, because ‘the lessor or owner of goods has his remedies.’ Nicholls LJ gave guidance on exercising security rights against companies in administration. Referring to the old s 11, he said the following.992Ch 505, 541-4 See also * UK insolvency law *'' Soden v British and Commonwealth Holdings plc'' 998 Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * ...
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Air Ecosse Ltd V
The atmosphere of Earth is the layer of gases, known collectively as air, retained by Earth's gravity that surrounds the planet and forms its planetary atmosphere. The atmosphere of Earth protects life on Earth by creating pressure allowing for liquid water to exist on the Earth's surface, absorbing ultraviolet solar radiation, warming the surface through heat retention (greenhouse effect), and reducing temperature extremes between day and night (the diurnal temperature variation). By mole fraction (i.e., by number of molecules), dry air contains 78.08% nitrogen, 20.95% oxygen, 0.93% argon, 0.04% carbon dioxide, and small amounts of other gases. Air also contains a variable amount of water vapor, on average around 1% at sea level, and 0.4% over the entire atmosphere. Air composition, temperature, and atmospheric pressure vary with altitude. Within the atmosphere, air suitable for use in photosynthesis by terrestrial plants and breathing of terrestrial animals is found only i ...
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Robert Walker LJ
Robert Walker, Baron Walker of Gestingthorpe , (born 17 March 1938) is an English barrister and former Justice of the Supreme Court of the United Kingdom. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He sat in the House of Lords as a crossbencher until his retirement from the House on 17 March 2021. Early life and non-judicial career Born on 17 March 1938, the son of Ronald Robert Antony Walker by his wife Mary Helen, Walker was educated at Downside School and Trinity College, Cambridge from where he graduated in 1959 with a Bachelor of Arts degree in Classics and Law. He was called to the bar at Lincoln's Inn in 1960 and became a Queen's Counsel in 1982. In 2010 he was the Treasurer of Lincoln's Inn. He is an Honorary Fellow of Trinity College, Cambridge. Lord Walker of Gestingthorpe has served on the Honorary Editorial Board of the Warwick Student Law Review since its inception in 2010. Judicial career In 1994, Walker was appoint ...
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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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Henry LJ
Sir Denis Robert Maurice Henry, PC (19 April 1931 – 6 March 2010) was an English barrister, Queen's Counsel and judge, rising to Lord Justice of Appeal. He presided over the Guinness share-trading fraud trial, a major British business scandal of the 1980s. Education Denis Henry was born 19 April 1931 in Margate, son of a British Indian Army Brigadier in the 5th Maratha Light Infantry. He lived as a child in Quetta and New Delhi, later in Oxford and during World War II in Boston, Massachusetts as an Evacuations of civilians in Britain during World War II, evacuee. He was educated at Shrewsbury School, then performed Conscription in the United Kingdom, national service with the King's Own Royal Regiment, and afterwards read law at Balliol College, Oxford. Career His career as a barrister started in 1955 when he was called to the bar, and he was appointed Queen's Counsel in 1977. Derry Irvine, Baron Irvine of Lairg, Derry Irvine was a pupil; Thomas Bingham, Baron Bingham of Co ...
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Environmental Protection Act 1990
The Environmental Protection Act 1990 ( initialism: EPA) is an Act of the Parliament of the United Kingdom that defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment. Overview Part 1: establishes a general regime by which the Secretary of State, the Secretary of State for Environment, Food and Rural Affairs, can prescribe any process or substance and set limits on it respective of its emissions into the environment. Authorisation and enforcement was originally in the hands of HM Inspectorate of Pollution and local authorities but in 1996 became the responsibility of the Environment Agency (EA) and Scottish Environment Protection Agency (SEPA). Operation of a prescribed process is prohibited without approval and there are criminal sanctions against offenders. Part 2: sets out a regime for regulation, regulating and licensing the acceptable disposal of controlled waste on la ...
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