Re Jeavons, Ex Parte Mackay
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Re Jeavons, Ex Parte Mackay
''Re Jeavons, ex parte Mackay'' (1873) LR 8 Ch App 643 is a UK insolvency law case. It decided that a creditor could not reserve an obligation to himself in priority of other creditors if a company were to go into liquidation. Facts Mr Joshua Jeavons had an iron manufacturing business (Joshua Jeavons & Company) at the Millwall Ironworks. Jeavons sold one John Brown & Co. Ltd a patent for improving armour plates manufacture. In return Brown would pay Jeavons royalties of 15s per ton of plates produced. Brown also lent Jeavons £12,500, and agreed that half Jeavons' royalties would go to paying back that loan. It was further agreed that if Jeavons went insolvent, or made an arrangement with creditors, Brown could keep all the royalties to satisfy the debt. Judgment The Chancery Division of the Court of Appeal held that Brown had a lien on one half of the royalties only. The agreement that Brown could retain all royalties if Jeavons went bankrupt was a fraud on the bankruptcy laws a ...
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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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