Significant reported cases include:
Eclairs Group Limited v JKX Oil & Gas Plc & Ors [2014] 1 BCLC 202 (Mann J. – Chancery Division); [2014] 2 BCLC 164 (Court of Appeal); [2016] 1 BCLC 1 (Supreme Court)
Questions whether a power in articles of association to impose voting and transfer restrictions in relation to shares had arisen and, if so, whether it was exercised for the proper purpose.
Re Expro International Group Plc [2010] 2 BCLC 514 (David Richards J. – Chancery Division)
Application for the sanction of a scheme of arrangement, and rival application to adjourn, involving consideration of the Takeover Code, particularly rule 2.8. (Acted for the Takeover Panel.)
Stansell Ltd v Co-operative Group (CWS) Ltd [2006] 1 BCLC 401 (Blackburne J. – Chancery Division); [2006] 1 WLR 1704 (Court of Appeal)
Question concerning the operation of a transfer of engagements under Section 51 of the Industrial and Provident Societies Act 1965 in relation to a construction contract containing a restriction on assignment.
EIC Services Ltd v Phipps [2004] 2 BCLC 589 (Neuberger J. – Chancery Division); [2005] 1 WLR 1377 (Court of Appeal)
Question whether a bonus issue was valid; involving issues of shareholder approval, common mistake and Section 35A of the Companies Act 1985.
Rose v Lynx Express Ltd [2004] 1 BCLC 455 (Court of Appeal)
Application for disclosure, under CPR r.31.16, before proceedings started; depending on whether it was properly arguable with a real prospect of a success that pre-emption provisions had been triggered.
Villatte v 38 Cleveland Square Management Ltd LTL 16/10/2002 (Court of Appeal)
Question whether proceedings in a company’s name were duly authorised; issues of acquiescence in the appointment of its directors, the scope of regulation 92 in the 1985 Table A and ratification.
Smith v Henniker-Major & Co (a firm) [2002] BCC 544 (Rimer J. – Chancery Division); [2003] Ch 182 (Court of Appeal)
Issues concerning Section 35A of the Companies Act 1985; ratification; amendment of pleadings post-expiry of limitation period.
Re Anglo American Insurance Co Ltd [2001] 1 BCLC 755 (Neuberger J. – Chancery Division)
Questions concerning set-off arrangements raised on the hearing of a petition seeking sanction for a creditors’ scheme of arrangement under Section 425 of the Companies Act 1985.
Re Sedgefield Steeplechase Co (1927) Ltd [2000] 2 BCLC 211 (Lord Hoffmann – Chancery Division); [2001] BCC 889 (Court of Appeal)
Question arising in a claim and a parallel Section 459 petition whether pre-emption provisions had been triggered.
Re Guidezone Ltd [2000] 2 BCLC 321 (Jonathan Parker J. – Chancery Division)
Petition seeking relief under Section 459 of the Companies Act 1985, alternatively winding up on the just and equitable ground. The judgment considers the scope of, particularly, the latter jurisdiction.
Re Ransomes Plc [1999] 1 BCLC 775 (Lloyd J. – Chancery Division); [1999] 2 BCLC 591 (Court of Appeal)
Petition seeking confirmation of cancellation of share premium account, opposed by preference shareholder.