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In other respects the law remains the same. According to Wallersteiner v Moir (No 2), [176] minority shareholders will be indemnified for the costs of a derivative claim by the company, even if it ultimately fails. While derivative claims mean suing in the company's name, a minority shareholder can sue in her own name in four ways.
Three main kinds of debts in commerce are, first, those arising through a specific debt instrument issued on a market (e.g. a corporate bond or credit note), second, through loan credit advanced to a company on terms for repayment (e.g. a bank loan or mortgage) and, third, sale credit (e.g. when a company receives goods or services but has not ...
Most claims are started by issuing a Part 7 claim form in which the claimant states the particulars of case, or attaches the particulars to the claim form, or serves them separately within 14 days of the claim form being served. There must also be a Statement of Truth as to the facts in the particulars of the claim.
Since the trial began the subject matter of the action (Berlitz) and the plaintiff (Macmillan) have both been sold; one defendant (Credit Suisse) has been taken over by another (Swiss Volksbank); and Macmillan's parent company, M.C.C. has emerged under a plan of reorganisation approved by the New York Court. The pleadings filled nearly 1,000 pages.
Malik and Mahmud v Bank of Credit and Commerce International SA [1997] UKHL 23 is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all contracts of employment. [1]
Administration in United Kingdom law is the main kind of procedure in UK insolvency law when a company is unable to pay its debts. The management of the company is usually replaced by an insolvency practitioner whose statutory duty is to rescue the company, save the business, or get the best result possible.
Under UK company law and most international law, a company or corporation is considered an entity that is separate from the people who own or operate the company. [1] Forming a company via the paper filing method can take up to 4 weeks but nowadays the majority of UK companies are formed the same day electronically. Companies can be created by ...
Companies House is the executive agency of the British Government that maintains the register of companies, employs the company registrars and is responsible for incorporating all forms of companies in the United Kingdom. [3] [4] Prior to 1844, no central company register existed and companies could only be incorporated through letters patent ...
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