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R V. Grantham
''R v Grantham'' 984QB 675 is a UK insolvency law case which decides that an intent to defraud, now under the Insolvency Act 1986 section 213, needs to be established for a conviction for fraudulent trading, and knowing that there was no prospect of being able to pay debt when they fell due, even if there might be a distant prospect in the future, constituted an intent to defraud. Facts Mr Grantham was tried for fraudulent trading, contrary to the Companies Act 1948 section 332(3) (now Insolvency Act 1986 section 213). The jury were directed that they could find dishonesty and intent to defraud if they thought Mr Grantham obtained credit when he knew there was no good reason for thinking that his company would be able to repay the debt when it became due. Mr Grantham was convicted. He appealed that the jury was given the wrong direction. Judgment Lord Lane CJ, Boreham J and Stuart-Smith J dismissed Mr Grantham's appeal. They held there was no error in the direction. A ... [...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] |
Geoffrey Lane, Baron Lane
Geoffrey Dawson Lane, Baron Lane, (17 July 1918 – 22 August 2005) was a British Judge who served as Lord Chief Justice of England from 1980 to 1992. The later part of his term was marred by a succession of disputed convictions. Lane's critics claimed that his refusal to believe that police evidence could be institutionally corrupt, and his reluctance to overturn the verdict of a jury, "represented a dangerous hindrance to justice". His failure to allow the appeal of the Birmingham Six in 1988 led to calls for his resignation following their successful appeal in 1991; an editorial in ''The Times'' "urged him to go", while 140 members of parliament signed a House of Commons motion to that effect. Early life The son of a bank manager, Lane was born in Derby. He attended Shrewsbury School and Trinity College, Cambridge where he took Firsts in Part I of the Classical Tripos before the Second World War and both parts of the Law Tripos after he was demobilized. During the war, he s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Stuart-Smith
Sir Murray Stuart-Smith, KCMG, PC (born 18 November 1927) is a former English barrister and Appeal Court judge. His 1997 re-examination of Lord Taylor's report into the Hillsborough disaster is seen today as a "debacle". Early life Stuart-Smith was educated at Radley College and at Corpus Christi College, Cambridge. Stuart-Smith was called to the bar by Gray's Inn in 1952 and was made a Bencher 1978. He was appointed Queen's Counsel in 1970, and as judge of the High Court of Justice (Queen's Bench Division) in 1981. He was appointed to the Court of Appeal in 1987, and retired in 2000. He later served as President of the Court of Appeal of Gibraltar from 2007, and as Justice of the Court of Appeal of Bermuda from 2004. Hillsborough Report In retirement Sir Murray was appointed to re-examine Lord Taylor's report into the Hillsborough disaster, together with the wider question of whether the inquest process had been satisfactory. Sir Murray broadly concluded that there were no p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraudulent Trading
In company law, fraudulent trading is doing business with intent to defraud creditors. Law Where during the course of a winding-up, it appears to the liquidator that fraudulent trading has occurred, the liquidator may apply to the court for an order any persons who were knowingly parties to the carrying on of such business are to be made liable to make such contributions (if any) to the company's assets as the court thinks proper. Conceptually, fraudulent trading is similar to a fraudulent conveyance,In the United Kingdom, see section 423 of the Insolvency Act 1986 but the key distinction is that an application to have a transaction set aside as a fraudulent conveyance usually requires to the third party beneficiary to disgorge the benefit of the conveyance to undo the loss to the company's assets, whereas a court order in relation to fraudulent trading it is the responsible parties (usually the directors) who must make up the loss and the third party beneficiaries will usually r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraudulent Trading
In company law, fraudulent trading is doing business with intent to defraud creditors. Law Where during the course of a winding-up, it appears to the liquidator that fraudulent trading has occurred, the liquidator may apply to the court for an order any persons who were knowingly parties to the carrying on of such business are to be made liable to make such contributions (if any) to the company's assets as the court thinks proper. Conceptually, fraudulent trading is similar to a fraudulent conveyance,In the United Kingdom, see section 423 of the Insolvency Act 1986 but the key distinction is that an application to have a transaction set aside as a fraudulent conveyance usually requires to the third party beneficiary to disgorge the benefit of the conveyance to undo the loss to the company's assets, whereas a court order in relation to fraudulent trading it is the responsible parties (usually the directors) who must make up the loss and the third party beneficiaries will usually r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies Act 1948
The Companies Act 1948 (11 & 12 Geo.6 c.38) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Cases decided under this Act *''Bushell v Faith'' 970AC 1099 *''Scottish Co-operative Wholesale Society Ltd v Meyer ''Scottish Co-operative Wholesale Society Ltd v Meyer'' 959AC 324 is a UK company law case, concerning the predecessor of the unfair prejudice provision, an action for "oppression" under section 210 of the Companies Act 1948 (now section 994 of th ...'' *'' Stonegate Securities Ltd v Gregory'' 980Ch 576 See also * Companies Act Notes {{UK legislation United Kingdom company law United Kingdom Acts of Parliament 1948 1940s economic history ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Welham V DPP
Welham or Wellham may refer to: Places *Welham, Leicestershire, England * Welham, Nottinghamshire, England * Welham, Somerset, England; a UK location * Welham Boys' School, India * Welham Girls' School, India People with the surname *Kris Welham (born 1987), English rugby league player *Tom Welham, British musician *Dirk Wellham Dirk MacDonald Wellham (born 13 March 1959) is a former Australian cricketer who played in six Test matches and 17 One Day Internationals (ODIs) between 1981 and 1987. He is one of three players to score a century in both his first class an ... (born 1959), Australian cricketer * Wally Wellham (born 1932), Australian cricketer {{disambig, geo, surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re White & Osmond (Parkstone) Ltd
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 2016 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Augustus Barnett & Son Ltd
''Re Augustus Barnett & Son Ltd'' 986BCLC 170 is a UK insolvency law case on the standard of fault required to show that directors have been guilty of fraudulent trading. Facts Augustus Barnett & Sons Ltd (Barnett) was a subsidiary of Rumasa SA and the main retail UK retail store for wine and sherry export. Barnett had a deficiency of assets, and its auditors would not certify accounts on a going concern basis, unless Rumasa confirmed it would keep supporting the company. Rumasa did, saying with a ' letter of comfort' on June 1, 1982 that it would provide additional working capital. It had given £4m in subsidies by 1981. Rumasa was nationalised by the Spanish government on February 23, 1983. Barnett's asset deficiency was now £4.5m. Auditors and lawyers advised that the directors of Barnett were at risk of personal liability for fraudulent trading (now s.213 Insolvency Act 1986; then s.332 Companies Act 1948Also intermittently, s.630 of the Companies Act 1985.) unless more mon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
