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Regal (Hastings) Ltd V Gulliver
, is a leading case in UK company law regarding the rule against directors and officers from taking personal advantage of a corporate opportunity in violation of their duty of loyalty to the company. The Court held that a director is in breach of his duties if he takes advantage of an opportunity that the corporation would otherwise be interested in but was unable to take advantage. However the breach could have been resolved by ratification by the shareholders, which those involved neglected to do. Facts Regal owned a cinema in Hastings. They took out leases on two more, through a new subsidiary, to make the whole lot an attractive sale package. However, the landlord first wanted them to give personal guarantees. They did not want to do that. Instead the landlord said they could up share capital to £5,000. Regal itself put in £2,000, but could not afford more (though it could have got a loan). Four directors each put in £500, the Chairman, Mr Gulliver, got outside subscribers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Sankey, 1st Viscount Sankey
John Sankey, 1st Viscount Sankey, (26 October 1866 – 6 February 1948) was a British lawyer, judge, Labour politician and Lord High Chancellor of Great Britain, famous for many of his judgments in the House of Lords. He gave his name to the Sankey Declaration of the Rights of Man (1940). Background and education He was the son of Thomas Sankey, a grocer of Moreton-in-Marsh, Gloucestershire, by his second wife Catalina (née Dewsbury). Sankey's father died when he was 8 years old, when the family moved to Castle Road (now City Road) in Roath, Cardiff. Sankey was educated at a local Anglican school, and with the financial support of an Anglican clergyman he attended Lancing College, a public school in Sussex. He studied at Jesus College, Oxford, graduating with a second-class BA in Modern History in 1889, and a third-class Bachelor of Civil Law degree in 1891. He was called to the Bar at Middle Temple in 1892. Political and legal career Sankey began his practice as a barri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary Duty
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Company 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] |
Ex Parte James
''Ex parte James'' (1803) 32 ER 385 is an insolvency and company law case, concerning conflicts of interest, and the absolute duty to avoid them. Facts A bankrupt's estate was purchased by a solicitor to the commission of the bankrupt. Judgment Lord Eldon LC stated the following in his judgment. See also *''Regal (Hastings) Ltd v Gulliver'' 9421 All ER 378 *''Holder v Holder'' 968Ch 353 Notes References *TE Chan,Revisiting Ex Parte James 003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...Singapore Journal of Legal Studies 557-582 *Copy of Judgment in the English Report United Kingdom company case law United Kingdom insolvency case law English trusts case law Court of Chancery cases 1803 in British law 1803 in case law {{UK-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keech V Sandford
is a foundational case, deriving from English trusts law, on the fiduciary duty of loyalty. It concerns the law of trusts and has affected much of the thinking on directors' duties in company law. It holds that a trustee owes a strict duty of loyalty so that there can never be a possibility of ''any'' conflict of interest. The case's importance derives partly from its historical context, with the South Sea Bubble. Lord King LC, who decided the case, replaced the former Lord Chancellor, Thomas Parker, 1st Earl of Macclesfield who was tried and found guilty in 1725 for accepting bribes and speculating with and losing client money in the South Sea crash. Lord Macclesfield had, probably not coincidentally previously held that a fiduciary was entitled to take money from a trust, invest it on their own behalf, and keep the profit, if they restored money to the trust. ''Keech'' reversed this, and the law in England and the UK has maintained a strict opposition to any possibility of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guth V
Guth is a surname. Notable people with the surname include: * Alan Guth (born 1947), American cosmologist * Alfred Guth (1908–1996), Austrian-born American water polo player, swimmer, and Olympic modern pentathlete * Amy Guth, American radio host and writer * Bucky Guth (born 1966), American baseball player * Charles Guth (1876–1948), American businessman * Charlie Guth (1856–1883), American baseball player * Claus Guth (born 1964) German theatre director, focused on opera * Dana Guth (born 1970), German politician * Eugene Guth (1905–1990), Hungarian-American physicist * Jean Baptiste Guth (1883–1921), French painter and illustrator * John Guth (born 1981), American poker player * Joseph P. Guth (1860–1928), American architect * Larry Guth (born 1977), mathematician * Louis D. Guth (1857–1939), American businessman and politician * Paul Guth (1910–1997), French humorist and writer * Raymond Guth (1924–2017), American film and television actor * William West ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal and all divisions of the High Court. The series contains cross-references and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa .... A second s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter King, 1st Baron King
Peter King, 1st Baron King, (c. 1669 – 22 July 1734), commonly referred to as Lord King, was an English lawyer and politician, who became Lord High Chancellor of Great Britain. Life King was born in Exeter in 1669, and educated at Exeter Grammar School. In his youth he was interested in early church history, and published anonymously in 1691 ''An Enquiry into the Constitution, Discipline, Unity and Worship of the Primitive Church that flourished within the first Three Hundred Years after Christ''. This treatise engaged the interest of his cousin, John Locke, the philosopher, by whose advice his father sent him to the Leiden University, where he stayed for nearly three years. He entered the Middle Temple in 1694 and was called to the bar in 1698. In 1700 he was returned to Parliament of England as the member for Bere Alston in Devon, holding the seat until 1715. He was appointed recorder of Glastonbury in 1705 and recorder of London in 1708. Made a Serjeant-at-Law, he was appo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bona Fide
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
