Re Peveril Gold Mines Ltd
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Re Peveril Gold Mines Ltd
''Re Peveril Gold Mines Ltd'' 8981 Ch 122 is a UK insolvency law case concerning liquidation when a company is unable to repay its debts. It held that a member cannot be prevented by a company constitution from bringing a winding up petition. It is, however, possible for a member to make a shareholder agreement and thus contract out of the right to bring a winding up petition outside of the company. Facts The articles of association of Peveril Gold Mines Ltd said no member should petition for winding up unless two directors had consented or the general meeting had resolved or a petitioner held at least 20% of issued capital. A member asked for winding up without satisfying any of these conditions. Judgment Lord Lindley MR held that the member was entitled to do so. He said ‘these registered limited companies are incorporated on certain conditions; they continue to exist on certain conditions; and they are liable to be dissolved on certain conditions.’ He pointed to the pred ...
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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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Nathaniel Lindley, Baron Lindley
Nathaniel Lindley, Baron Lindley, (29 November 1828 – 9 December 1921) was an English judge. Early life He was the second son of the botanist Dr. John Lindley, born at Acton Green, London. From his mother's side, he was descended from Sir Edward Coke. He was educated at University College School, and studied for a time at University College London, and the University of Edinburgh and University of Cambridge in 1898 and achieved Doctor of Civil Law in University of Oxford in 1903. Legal career He was called to the bar at the Middle Temple in 1850, and began practice in the Court of Chancery. In 1855 he published ''An Introduction to the Study of Jurisprudence'', consisting of a translation of the general part of Thibaut's ''System des Pandekten Rechts'', with copious notes. In 1860 he published in two volumes his ''Treatise on the Law of Partnership, including its Application to Joint Stock and other Companies'', and in 1862 a supplement including the Companies Act 1862. This w ...
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Joseph William Chitty
Sir Joseph William Chitty (28 May 1828 – 15 February 1899) was an English cricketer, rower, judge and Liberal politician. Early life Chitty was born in London, the second son of Thomas Chitty (himself son and brother of well-known lawyers), a celebrated special pleader and writer of legal textbooks, under whose teaching many distinguished lawyers began their legal education. Joseph Chitty was educated at Eton College and Balliol College, Oxford, gaining a first-class in Literae Humaniores in 1851, and being afterwards elected to a fellowship at Exeter College. Sporting distinctions Chitty was an all round sportsman with distinctions during his school and college career in athletics. He was a cricket wicket-keeper and played in the Eton v Harrow match in four years, captaining Eton in 1847. He also kept wicket for Marylebone Cricket Club (MCC) in 1846 and 1847. He played for Oxford University in 1848 and 1849, partaking in the Varsity match each year. Oxford won in 1848 ...
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Roland Vaughan Williams
Sir Roland Bowdler Lomax Vaughan Williams (31 December 1838 – 8 December 1916) was an English lawyer and judge. From 1897 to 1914 he was a Lord Justice of the Court of Appeal. He was an authority on the laws of bankruptcy, and wrote a book that remained the standard English work on the subject for many years. Life and career Vaughan Williams was born in Kensington, London, the fifth son of the judge Sir Edward Vaughan Williams and his wife, Jane Margaret, ''née'' Bagot. Among his brothers was Arthur, who became a clergyman and was the father of the composer Ralph Vaughan Williams. He was educated at the Westminster School and Christ Church, Oxford, graduating in the year 1860."Williams, Rt Hon Sir Roland Lomax Bowdler Vaughan"
''Who Was Who'', Oxford University Press, 2014 retrieved 1 ...
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Liquidation
Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry. Liquidation may either be compulsory (sometimes referred to as a ''creditors' liquidation'' or ''receivership'' following bankruptcy, which may result in the court creating a "liquidation trust") or voluntary (sometimes referred to as a ''shareholders' liquidation'', although some voluntary liquidations are controlled by the creditors). The ter ...
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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 ...
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Articles Of Association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where it exists) form the company's constitution, and defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors. Articles of association are very critical documents to corporate operations, as they may regulate both internal and external affairs. Articles of incorporation, also referred to as the certificate of incorporation or the corporate charter, is a document or charter that establishes the existence of a corporation in the United States and Canada. They generally are filed with the Secretary of State in the U.S. State where the company is incorporated, or other company registrar. An equivalent term for limited liability companies (LLCs) in the United States is articles ...
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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 ...
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Welton V Saffery
Welton may refer to: Places United Kingdom * Nether Welton, a place in Cumbria * Welton, Cumbria, a place in Cumbria * Welton, East Ayrshire, Scotland; a UK location *Welton, East Riding of Yorkshire *Welton, Lincolnshire ** Welton Hill, a hamlet in above parish ** Welton Cliff, a hamlet in above parish **Welton Rural District, a former rural district in Parts of Lindsey *Welton, Northamptonshire * Welton, Somerset * Welton le Marsh, Lincolnshire * Welton le Wold, Lincolnshire Elsewhere *, a place in Mexico * Welton, Iowa, United States **Welton Township, Clinton County, Iowa, township containing Welton, Iowa *Wheeler, Wisconsin, United States (formerly called Welton) People People with the given name * Wélton (footballer) (born 1975), Brazilian football forward *Welton Becket (1902-1969), American modern architect *Welton Felipe (born 1986), Brazilian football centre-back *Welton Gite, American bass guitarist * Welton Irie (born 1961), Jamaican reggae deejay * Welton Jone ...
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Sarah Worthington
Dame Sarah Elizabeth Worthington, (''née'' Monks; born 18 February 1955) is a British legal scholar, barrister, and Deputy High Court Judge in the Chancery Division, specialising in company law, commercial law, and equity. From 2011 to 2022, she was the Downing Professor of the Laws of England at the University of Cambridge. She is Treasurer of the British Academy and a trustee of the British Museum. Early life and education The then Sarah Monks was born on 18 February 1955 in Barnsley, Yorkshire, England. Her parents moved soon after her birth to Uganda, and then to Kenya, where she lived until she was 8 years old. They then moved to Australia. She studied natural science and mathematics at the Australian National University, graduating with a Bachelor of Science (BSc) degree in 1974. From 1975 to 1976, she was a doctoral candidate at the University of Queensland, undertaking cancer research; she left without completing. In 1977, while training to be a teacher, she completed ...
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Roy Goode
Sir Royston Miles "Roy" Goode (born 6 April 1933) is an academic commercial lawyer in the United Kingdom. He founded the Centre for Commercial Law Studies at Queen Mary, University of London. He was awarded the OBE in 1972 followed by the CBE in 1994 before being knighted for services to academic law in 2000. Education and early life He was educated at Highgate School in North London,Highgate School Register 7th Edn 1833–1988, Ed. Patrick Hughes & Ian F Davies 1989 and obtained his law degree by external study through the University of London External Programme in 1954. He completed the LLD at London in 1976 and the DCL at the University of Oxford in 2005. Career He was admitted as a solicitor in 1955; he was later called to the Bar at Inner Temple in 1988. Goode spent 17 years in private practice as a solicitor before turning to academia. While in practice, he wrote a series of legal textbooks. He began by writing a text on hire purchase as nothing had been written o ...
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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 ...
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