Company and Partnership

Clive has been instructed in key company and partnership cases due to his attention to detail and ability to quickly understand the complexities of a dispute.

Cases:

Pyrrho Investments Limited v MWB Property Limited [2016]

Acting for the second defendant in chancery division proceedings alleging breaches of fiduciary duties in the operation of a corporate group. Trial (7 weeks) fixed for June 2017.

VTB Capital Plc v Nutritek International Corp (2012) EWCA Civ 808: Lawtel 20/6/2012 : [2012] 2 Lloyd’s Rep 313 : [2012] 2 BCLC 437

Action in fraud/conspiracy by English Bank (subsidiary of Russian bank) raising issues of lifting the corporate veil, jurisdiction, freezing order issues and loss in tort of deceit.  Lifting the corporate veil. (Case subsequently went to the House of Lords where appeal dismissed)

Cathie v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; Lawtel 1/6/2012: [2012] BCC 813

Direct disqualification order.

Dashfield v Davidson [2008] EWHC 486 (Ch): Lawtel 27/3/2008 : [2008] BCC 662 : [2009] 1 BCLC 220

Articles of association regarding transfer of shares by a personal representative at a value based on audited accounts.

Wrexham Association Football Club Ltd v Crucialmove Ltd (2006) EWCA Civ 237; Lawtel 14/3/2006 : [2007] BCC 139 : [2008] 1 BCLC 508

Summary judgment, breach of fiduciary duty and third party benefiting from such a breach.

Arrow Nominees Inc v Blackledge Lawtel 22/6/2000: [2001] BCC 591 : [2000] 2 BCLC 167 : Times, July 7, 2000

Effect of forged document on procedural fairness of a trial.  Also leading authority on section 459 of Companies Act 1985 (now section 994 of Companies Act 2006)

Union Music Ltd v Watson & Anor (2003) EWCA Civ 180; Lawtel 31/1/2003: [2004] BCC 37 : [2003] 1 BCLC 453

Claim between musician and former manager. Court’s power to override shareholders’ agreement.

Kellar v BBR Graphic Engineers Ltd Lawtel 6/6/2005 : [2002] BPIR 544

Insolvency case relating to setting aside statutory demands.

Robert Alfred Hurst v Raymond Alexander Bryk & Ors [2002] 1 A.C. 185

House of Lords; the leading case on solicitors’ partnership liabilities after dissolution of partnerships.

Fordingstone Ltd. V Blenheim Leisure (Restaurants) Ltd. Lawtel 26/7/99 : [2000] BCC 554: Times, August 13, 1999

Landlords whose rights would be directly affected by their tenant’s restoration to the Register of Companies were entitled to be added to the restoration proceedings.

Blenheim Leisure (Restaurants) Ltd(No.3) Lawtel  28/10/99: Times, November 9, 1999

Reconsidering earlier judgment before drawn up in interlocutory matters.

Blenheim Leisure (Restaurants) Ltd (No.1) Lawtel 3/10/2005 : [2000] BCC 821: Times, October 26, 1999

Restoration of struck off companies

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