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Prest V Petrodel Resources Ltd
is a leading UK company law decision of the UK Supreme Court concerning the nature of the doctrine of piercing the corporate veil, resulting trusts and equitable proprietary remedies in the context of English family law. Facts Ms Yasmin Prest claimed under Matrimonial Causes Act 1973 sections 23 and 24 for ancillary relief against the offshore companies solely owned by Mr Michael Prest. Mrs Prest said they held legal title to properties that he beneficially owned, including a £4m house at 16 Warwick Avenue, London. They had married in 1993 and divorced in 2008. He did not comply with orders for full and frank disclosure of his financial position, and the companies did not file a defence. The Matrimonial Causes Act 1973 section 24 required that for a court to be able to order a transfer a property, Mr Prest had to be ‘entitled’ to the properties held by his companies. Mr Prest contended that he was not entitled to the properties. Judgment High Court Moylan J, in the Family ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warwick Avenue, London
Warwick Avenue is a residential avenue in the Little Venice area of Maida Vale, London. Its southern end is situated adjacent to Paddington Basin, to the north of Paddington station. The street, originally Green Lane and initially Warwick Road before being renamed Warwick Avenue, was named after Jane Warwick of Warwick Hall, Cumbria, whose father-in-law was John Morehead, who in turn was the son-in-law of Robert Thistlethwaite, who leased the land. At the junction of Warwick Avenue with Warrington Crescent and Clifton Gardens is the Anglican Church of St Saviour, consecrated 1856 but rebuilt in modern style in 1973–76. The church was used for the wedding scenes in the promotional video for The Human League hit Love Action (I Believe in Love). Warwick Avenue tube station, a London Underground station on the Bakerloo line, is located on the street. Warwick Avenue houses one of the remaining thirteen Grade II listed Cabmen's Shelters used by London's taxi drivers as a place ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trust Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mathew Thorpe
Sir Mathew Alexander Thorpe (born 30 July 1938) is a retired Lord Justice of Appeal, who served as one of the judges of the Court of Appeal of England and Wales from 1995 to 2013. Education Thorpe was educated at Stowe School and Balliol College, Oxford. Legal career Thorpe was called to the bar (Inner Temple) in 1961 and was appointed a Queen's Counsel in 1980. He was appointed a Recorder in 1982. He was appointed a High Court judge on 11 April 1988, assigned to the Family Division, and received the customary knighthood. He was appointed a Lord Justice of Appeal on 2 October 1995. Thorpe was appointed Deputy Head of Family Justice and Head of International Justice in January 2005. He retired on 31 July 2013 Jurisprudence He has presided over a number of important cases which have influenced the evolution of family law. He is regarded as a traditionalist in respect of parenting role but as a reactionary by his detractors. 1. Roles of men and women ''Re: S (Children) 002EWCA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V Cape Industries Plc
''Adams v Cape Industries plc'' 990Ch 433 is a UK company law case on separate legal personality and limited liability of shareholders. The case also addressed long-standing issues under the English conflict of laws as to when a company would be resident in a foreign jurisdiction such that the English courts would recognise the foreign court's jurisdiction over the company. It has in effect been superseded by '' Lungowe v Vedanta Resources plc'', which held that a parent company could be liable for the actions of a subsidiary on ordinary principles of tort law. The decision's significance was also limited by the House of Lords decision in '' Lubbe v Cape plc'' and the groundbreaking decision in '' Chandler v Cape plc'', holding that a direct duty may be owed in tort by a parent company to a person injured by a subsidiary. Facts Cape Industries plc was a UK company, head of a group. Its subsidiaries mined asbestos in South Africa and shipped it to Texas, where a marketing subsid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Woolfson V Strathclyde Regional Council
''Woolfson v Strathclyde Regional Council'' 978UKHL 5is a UK company law case concerning piercing the corporate veil. Facts A bridal clothing shop at 53-61 St George's Road was Compulsory purchase, compulsorily purchased by the Glasgow Corporation. The business in the shop was run by a company called Campbell Ltd. But the shop itself, though all on one floor, was composed of different units of property. Mr Solomon Woolfson owned three units and another company, Solfred Holdings Ltd owned the other two. Mr Woolfson had 999 shares in Campbell Ltd and his wife the other. They had twenty and ten shares respectively in Solfred Ltd. Mr Woolfson and Solfred Ltd claimed compensation together for loss of business after the compulsory purchase, arguing that this situation was analogous to the case of '' DHN v Tower Hamlets LBC''.'' DHN Food Distributors Ltd v Tower Hamlets London Borough Council'' 9761 WLR 852 The Land Tribunal denied it on the basis that Campbell Ltd was the sole occupie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Salomon V A Salomon & Co Ltd
is a landmark UK company law case. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders for payment of outstanding debts. Facts Mr Aron Salomon made leather boots or shoes as a sole proprietor. His sons wanted to become business partners, so he turned the business into a limited liability company. This company purchased Salomon's business at an excessive price for its value. His wife and five elder children became subscribers and the two elder sons became directors. Mr Salomon took 20,001 of the company's 20,007 shares which was payment from A Salomon & Co Limited for his old business (each share was valued at £1). Transfer of the business took place on 1 June 1892. The company also issued to Mr Salomon £10,000 in debentures. On the security of his debentures, Mr Salomon received an advance of £5,000 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ben Hashem V Al Shayif
Ben is frequently used as a shortened version of the given names Benjamin, Benedict, Bennett or Benson, and is also a given name in its own right. Ben (in he, בֶּן, ''son of'') forms part of Hebrew surnames, e.g. Abraham ben Abraham ( he, אברהם בן אברהם). Bar-, "son of" in Aramaic, is also seen, e.g. Simon bar Kokhba ( he, שמעון בר כוכבא). Ben meaning "son of" is also found in Arabic as ''Ben'' (dialectal Arabic) or ''bin'' (بن), ''Ibn''/''ebn'' (ابن). People with the given name * Ben Adams (born 1981), member of the British boy band A1 * Ben Affleck (born 1972), American Academy Award-winning actor and screenwriter * Ben Ashkenazy (born 1968/69), American billionaire real estate developer * Ben Askren (born 1984), American sport wrestler and mixed martial artist * Ben Banogu (born 1996), American football player * Ben Barba (born 1989), Australian rugby player * Ben Barnes (other), multiple people * Ben Bartch (born 1998), American ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicholas Patten
Sir Nicholas John Patten (born 7 August 1950) is a former member of the Court of Appeal of England and Wales. Education Tulse Hill School, Tulse Hill Comprehensive School for boys; Christ Church, Oxford. Career Patten was called to the bar (Lincoln's Inn) in 1974 and made a Bencher in 1997. He became a Queen's Counsel in 1988. He was appointed a Deputy High Court judge in 1998. On 2 October 2000, he was appointed to the High Court of Justice, receiving the customary knight bachelor, knighthood, and was assigned to the High Court of Justice#Chancery Division, Chancery Division. He served as Vice-Chancellor of the County Palatine of Lancaster from 2005 to 2008. On 8 June 2009, Patten became a Lord Justice of Appeal, and received the customary appointment to the Privy Council of the United Kingdom, Privy Council the same year. He retired on 8 August 2020, having reached the statutory retirement age for judges. See also * List of Lords Justices of Appeal References 1950 bi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rimer LJ
Sir Colin Percy Farquharson Rimer (born 30 January 1944) is a former judge of the English Court of Appeal; he retired in 2014. Education He was educated at Dulwich College from 1954 to 1962 and at Trinity Hall, Cambridge. Legal career Rimer was called to the bar (Lincoln’s Inn) in 1968 and made a Bencher in 1994. He was appointed a Queen's Counsel in 1988. He was appointed a High Court judge (England and Wales), Justice of the High Court on 3 October 1994 and was assigned to the Chancery Division. On 1 October 2007, he became a Lord Justice of Appeal, on the retirement of Robin Auld. He retired on 7 October 2014. Cases *''Hunter v Moss'' [1994] 1 WLR 452 (overturned on reasoning) *''Gencor ACP Ltd v Dalby'' [2000] 2 BCLC 734 *''Sinclair Investment Holdings SA v Versailles Trade Finance (No. 3)'' [2007] EWHC 915 *''Consistent Group Ltd v Kalwak'' [2008EWCA Civ 430(reversed by ''Autoclenz Ltd v Belcher'' [2011] UKSC 41) *''Moore Stephens v Stone Rolls Ltd'' [2008] EWCA Civ 644 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
