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Rayfield V Hands
''Rayfield v Hands'' 960Ch 1 is a UK company law case, concerning the enforceability of obligations against a company. Facts Mr Rayfield sued the directors of Field Davis Ltd to buy his shares. Article 11 of the company’s constitution said ‘Every member who intends to transfer shares shall inform the directors who will take the said shares equally between them at a fair value.’ The directors were refusing to follow this rule, and Mr Rayfield sought an injunction. Judgment Vaisey J granted the injunction and held the article imposed an obligation on the directors, not as officers, but also in their capacity as members. He referred to '' Re Leicester Club and County Racecourse Co'' where Pearson J referred to directors as ‘working members of the company’ and that ‘they are doing their work in the capacity of members, and working members of the company’. He referred to the privity decisions of Denning LJ in ''Smith and Snipes Hall Farm Ltd v River Douglas Catchment ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Leicester Club And County Racecourse Co
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith And Snipes Hall Farm Ltd V River Douglas Catchment Board
''Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board'' 9492 KB 500 is an English land law and English contract law appeal decision. The case, decided by Denning LJ, confirmed positive covenants can supplant privity of contract in contracts to improve land and secondly a covenant should be implied where the contract shows an intention that the obligation would attach to the land. The case thirdly held in that context, a somewhat uncertain description of lands which was capable of being rendered certain by extrinsic evidence was sufficient to enforce the covenant. Facts The River Douglas Catchment Board agreed with a number of landowners of certain westerly land between the River Douglas and the Leeds and Liverpool Canal to carry out some work if some contribution to the cost was given. In 1940 Mrs S, one of the covenantees, sold her land ("Low Meadows") to Smith, which incorporated Snipes Hall Farm Ltd in 1944 as his agricultural tenant. In Autumn 1946 the Eller Bro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Drive Yourself Hire Co (London) Ltd V Strutt
Drive or The Drive may refer to: Motoring * Driving, the act of controlling a vehicle * Road trip, a journey on roads Roadways Roadways called "drives" may include: * Driveway, a private road for local access to structures, abbreviated "drive" * Road, an identifiable thoroughfare, route, way, or path between two places Science * Drive theory, a diverse set of motivational theories in psychology * Drive reduction theory (learning theory), a theory of learning and motivation * Prey drive, in the study of animal behavior, the predictable tendency of a carnivore to pursue and capture prey * Gene drive, in genetics, a type of bias in the inheritance of a gene Arts, entertainment, and media Films * ''Drive'' (1997 film), an action film starring Mark Dacascos * ''Drive'' (2002 film), a Japanese film starring Ren Osugi * ''Drive'' (2011 film), an American crime drama film starring Ryan Gosling * ''Drive'' (2019 film), an Indian romantic drama film Literature * '' Drive: The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carlill V Carbolic
''Carlill v Carbolic Smoke Ball Company'' Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its treatment of contract and of puffery in advertising, for its curious subject matter associated with medical quackery, and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. ''Carlill'' is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract. The case concerned a influenza, flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was construed as an offer which the buyer, by using the smoke ball, accepted, creating a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Satanita
''The Satanita'' 897AC 59 is an English contract law case, decided in the Court of Appeal, which concerned the formation of a contract. It is notable because it stands as an example of a case which does not fit the typical pattern of offer and acceptance that English law purports to require to find agreement. Facts Lord Dunraven, owner of the ''Valkyrie II'', and A.D. Clarke, owner of the American vessel ''Satanita'', each entered their yachts in a race in the Firth of Clyde organised by the Mudhook Yacht Club. Each agreed to the rules, one of which was that rule breakers were liable for all consequential damage, displacing the statutory position that a defendant's liability is limited. On 5 July 1894, the ''Satanita'' collided with Lord Dunraven's yacht, injuring a crewmember ("The unfortunate man was a seaman named Brown, one of whose legs was broken") and causing it to sink. Judgment The Court of Appeal held that there was a contract for the owner of ''The Satanita'' to pay ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Leicester Club And County Racecourse Co
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Scott, Baron Scott Of Foscote
Sir Richard Rashleigh Folliott Scott, Baron Scott of Foscote, (born 2 October 1934) is a British judge, who formerly held the office of Lord of Appeal in Ordinary. Early life The son of Lieutenant-Colonel C. W. F. and Katharine Scott, Scott was born on 2 October 1934 and educated at Michaelhouse School, Natal in South Africa. He then studied at the University of Cape Town, where he received a Bachelor of Arts degree in 1954, and Trinity College, Cambridge, where he received a B.A ( Law Tripos) in 1957 and a Blue in rugby. He then spent a year as Bigelow Fellow at the University of Chicago, where he met his future wife, Rima Elisa Ripoll, who is from Panama. Legal career Scott was called to the bar by the Inner Temple in 1959, becoming a Bencher in 1981. From 1960 to 1983, he practised at the Chancery Bar, and was appointed a Queen's Counsel in 1975. In 1980, Scott was appointed Attorney-General of the Duchy of Lancaster, a post he held until 1983. He was Vice-Chairman of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cumbrian Newspapers Group Ltd V Cumberland & Westmorland Herald Newspaper & Printing Co Ltd
''Cumbrian Newspapers Group Ltd v Cumberland & Westmorland Herald Newspaper & Printing Co Ltd'' 986BCLC 286 is a UK company law case concerning variation of the class rights attached to shares. Facts CNG published the Penrith Observer with a 5500 weekly circulation. The chairman Sir John Burgess (as he later became) also had 10.67% of the shares in CWHNP since 1968. Under the constitution CNG had negotiated special rights which it had bargained for in return for closing down a competing paper, the Cumberland Herald, when it had joined, and for acting as CWHNP’s advertising agent. It had the right to preferences on unissued shares (article 5) to not be subject to have a transfer of shares to it refused by the directors (article 7) pre emption rights (article 9) and the right to appoint a director if shareholding remained above 10% (article 12). The CWHNP directors wanted to cancel CNG’s special rights. CNG argued they were class rights that could only be varied with its co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capacity In English Law
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty, there is a prima facie presumption that both parties hold the capacity to contract. Those who contract without a full knowledge of the relevant subject matter, or those who are illiterate or unfamiliar with the English language, will not often be released from their bargains. It is recognised however that minors, and those who are deemed mentally incapacitated, may need to be able to create binding agreements, when acquiring essential items for living, or for employment.Koffman, Macdonald, 466 Thus, contracts for necessaries (goods or services deemed necessary for ordinary living) will always be legally binding.Halson, 242 Equally, minors have the capacity to enter into contracts for employment, when the terms of such an agreement are of gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
