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Foster Bryant Surveying Ltd V Bryant
is a 2007 UK company law case, concerning the fiduciary duty of directors to avoid conflict of interest, conflicts of interest. The timing of the case followed some considerable unrest in the courts about the strictness of the law relating to taking corporate opportunities. Facts Mr Foster and Mr Bryant were directors of the plaintiff, a surveying company. Most of their work came from a company called Alliance. Mrs Bryant also worked for the company, until Mr Foster said she was going to be made redundant. Unsurprisingly, this made Mr Bryant unhappy. He resigned. Alliance still wanted both of them to keep working. It said that Mr Bryant should still give his services. Mr Foster argued that Mr Bryant's services should be contracted out through their company still, not a separate one. But he lost the argument. Mr Bryant, fully funded by Alliance, set up a new company. However this was all done a few days before the resignation had actually taken effect. In the light of the prece ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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Island Export Finance V Umunna
An island (or isle) is an isolated piece of habitat that is surrounded by a dramatically different habitat, such as water. Very small islands such as emergent land features on atolls can be called islets, skerries, cays or keys. An island in a river or a lake island may be called an eyot or ait, and a small island off the coast may be called a holm. Sedimentary islands in the Ganges delta are called chars. A grouping of geographically or geologically related islands, such as the Philippines, is referred to as an archipelago. There are two main types of islands in the sea: continental and oceanic. There are also artificial islands, which are man-made. Etymology The word ''island'' derives from Middle English ''iland'', from Old English ''igland'' (from ''ig'' or ''ieg'', similarly meaning 'island' when used independently, and -land carrying its contemporary meaning; cf. Dutch ''eiland'' ("island"), German ''Eiland'' ("small island")). However, the spelling of the word w ...
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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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Keech V Sandford
is a foundational case, deriving from English trusts law, on the fiduciary duty of loyalty. It concerns the law of trusts and has affected much of the thinking on directors' duties in company law. It holds that a trustee owes a strict duty of loyalty so that there can never be a possibility of ''any'' conflict of interest. The case's importance derives partly from its historical context, with the South Sea Bubble. Lord King LC, who decided the case, replaced the former Lord Chancellor, Thomas Parker, 1st Earl of Macclesfield who was tried and found guilty in 1725 for accepting bribes and speculating with and losing client money in the South Sea crash. Lord Macclesfield had, probably not coincidentally previously held that a fiduciary was entitled to take money from a trust, invest it on their own behalf, and keep the profit, if they restored money to the trust. ''Keech'' reversed this, and the law in England and the UK has maintained a strict opposition to any possibility of a ...
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Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Delaware Bay, in turn named after Thomas West, 3rd Baron De La Warr, an English nobleman and Virginia's first colonial governor. Delaware occupies the northeastern portion of the Delmarva Peninsula and some islands and territory within the Delaware River. It is the second-smallest and sixth-least populous state, but also the sixth-most densely populated. Delaware's largest city is Wilmington, while the state capital is Dover, the second-largest city in the state. The state is divided into three counties, having the lowest number of counties of any state; from north to south, they are New Castle County, Kent County, and Sussex County. While the southern two counties have historically been predominantly agricultural, New Castle is more ...
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Guth V Loft
Guth is a surname. Notable people with the surname include: * Alan Guth (born 1947), American cosmologist * Alfred Guth (1908–1996), Austrian-born American water polo player, swimmer, and Olympic modern pentathlete * Amy Guth, American radio host and writer * Bucky Guth (born 1966), American baseball player * Charles Guth (1876–1948), American businessman * Charlie Guth (1856–1883), American baseball player * Claus Guth (born 1964) German theatre director, focused on opera * Dana Guth (born 1970), German politician * Eugene Guth (1905–1990), Hungarian-American physicist * Jean Baptiste Guth (1883–1921), French painter and illustrator * John Guth (born 1981), American poker player * Joseph P. Guth (1860–1928), American architect * Larry Guth (born 1977), mathematician * Louis D. Guth Louis D. Guth (May 25, 1857 – March 15, 1939) was an American businessman and politician. Biography Born in the town of Polk, Washington County, Wisconsin, Guth went to ...
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CMS Dolphin Ltd V Simonet
''CMS Dolphin Ltd v Simonet'' 001EWHC Ch 415is a UK company law case concerning directors' duties. Facts Mr Simonet resigned from his position as managing director of CMS Dolphin Ltd (a small advertising company on Charing Cross Road) and he set up a new company. CMS's staff followed and so did the major clients. CMS sued Mr Simonet for the profits he made, alleging that he had breached his duty of loyalty to the company. Mr Simonet contended that he owed no duty because he had left the company. Judgment Lawrence Collins J held that Mr Simonet resigned without giving proper notice, and so he was in breach of contract. He had made no proper disclosure and had misused confidential information. The maturing business opportunities were the company's property, ‘where he knowingly had a conflict of interest, and exploited it by resigning from the company’. Resignation was not a fiduciary power in itself, and no obligations continued after the end of the relationship. See also ...
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Balston Ltd V Headlines Filters Ltd
Balston may refer to: * Thomas Balston (1883–1967), member of the Whatman paper-making family * Edward Balston (1817–1891), English schoolmaster * ''Nannatherina balstoni Balston's pygmy perch (''Nannatherina balstoni''), also known as Balston's perchlet, or king river perchlet, is a species of temperate perch endemic to Southwest Australia, where it occurs in coastal streams, ponds, lakes, and swamps. It prefer ...
'', also known as Balston's pygmy perch {{disambiguation ...
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Ripeness
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all." For example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too speculative to warrant judicial action. Ripeness issues most usually arise when a plaintiff seeks anticipatory relief, such as an injunction. The Supreme Court fashioned a two-part test for assessing ripeness challenges to federal regulations. The case is often applied to constitutional challenges to federal and state statutes as well. The Court said in '' Abbott Laboratories v. Gardner'', : ::Without undertaking to survey the intricacies of the ripeness doctrine it is fair to say ...
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Richard Buxton (judge)
Sir Richard Joseph Buxton, PC (born 13 July 1938) is a British judge and former Lord Justice of Appeal. He was appointed to the High Court of Justice on 11 January 1994, serving in the Queen's Bench Division. He was subsequently appointed to the Court of Appeal of England and Wales on 1 October 1997. He retired on 30 September 2008. From 19 May 1991 to 4 November 1996 he was a director of the Blenheim Court Residents Company (Woodstock). He was also a director of The Incorporated Council of Law Reporting for England and Wales from 20 September 1993 to 7 July 2008. He is an honorary member of the Society of Legal Scholars and an honorary fellow of Exeter College, Oxford. Legal cases In April 2011 he ruled on a dispute between the Catholic Church and the parents of Cardinal Vaughan Memorial School. He criticised both parties for failing to resolve the issues between themselves and for bringing a case that was a drain on public resources. In December 2011 he refused an applicatio ...
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Canadian Aero Service Ltd V O'Malley
''Canadian Aero Service Ltd v O'Malley'', [1974] SCR 592, is a leading civil case decided by the Supreme Court of Canada on corporate Board of directors, director and officer liability. Facts Canadian Aero Service Ltd. ("Canaero") was a company whose main business was topographical mapping and geophysical exploration. O'Malley and Zarzycki were senior officers of Canaero, and, together with Wells, were directors of the company. After the acquisition of Canaero's parent by Litton Industries in 1961, Wells resigned as director in February 1965. O'Malley and Zarzycki resigned from their positions in August 1966. Wells was aware the latter were discontented at Canaero by reason of the limitations upon their authority and the scope of independent action imposed by the Litton company, and they also feared loss of position if Canaero should fail to get contracts. Prior to their resignation, at the suggestion of Wells, the three decided to form a business venture in the same fields as Can ...
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