Company Law Essay Help : Case List
- Corporate
Form and Company Formation *NEW*
What a company is, incorporation under the Companies Act 1985, types of businesses, the form of the company - sole trader, partnership or firm, limited partnerships and limited liability partnerships, the company as a legal entity capable of suing and being sued on contract
Re Stanley, Tennant v Stanley [1906] 1 Ch 131
Sadler v Whiteman [1910] 1 KB 868
Newborne v Sensolid (GB) Ltd [1954] 1 QB 45
R v P & O Ferries (Dover) Ltd (1990) 93 Cr App R 72
Richmond on Thames Borough Council v Pinn & Wheeler [1989] RTR 354 - Memorandum
of Association *NEW*
The memorandum of association, contents, objective of the company, alteration of the memorandum
Ashbury Railway Carriage and Iron Co Ltd v Riche (1875) LR 7 HL 653
Welton v Saffery (1897) AC 299
Re Duncan Gilmour & Co (1952) 2 All ER 871 - Articles
of Association *NEW*
Articles of Association, registration, use of standard articles in Table A, formalities for theCase 32/74 Friedrich Haaga GmbH [1974] ECR 1201, [1975] 1 CMLR 32, ECJ
- Share
Capital *NEW*
Share Capital - Authorised, Issued, Called up, Paid and Uncalled Share Capital and the raising
- Public offers, procedures and listing *NEW*
- Regulation
of public offers *NEW*
Offers that are to be listed on
the main market of the Stock Exchange regulated by Part VI
of the Financial Services and Markets Act 2000, regulation
of shares to be issued other than to the main market, the
- Maintenance
of Capital *NEW*
Rules relating to the maintenance of share capital and the reasons for and ways in which a company may reduce its share capital
- Shares
and Membership of a Company *NEW*
Who is a member of the company,
subscribers to shares, the share register, rights that come
- Rights
of the Shareholder *NEW*
Different types of shares, ordinary and preference shares, and a description of the rights that come with them including inter alia the right to vote and the right to dividends
- Transfer
of Shares *NEW*
The nature of shares and how they
are transferred, the formalities of transfer, and the transfer
- Borrowing
and Charges *NEW*
The regulation of company borrowing, powers of borrowing, lending to a company, security for the borrowing, different charges and their ranking, debentures/floating charges
Public Share Offers and a description of the share markets including the main market, AIM, OFEX and OTC
Ebrahimi v Westbourne Galleries Ltd [1973] AC 360, [1972] 2 All ER 492, HL
Johnson v Lyttle's Iron Agency (1877) 5 ChD 687, CA
Nisbet v Shepherd (1994) 1 BCLC 300, CA
Re Fry, Chase National Executors and Trustees Corpn v Fry [1946] Ch 312, [1946] 2 All ER 106
Sayles v Blane (1849) 14 QB 205
General Auction, Estate and Monetary Co v Smith [1891] 3 Ch 432
Re Badger, Mansell v Viscount Cobham [1905] 1 Ch 568
Baroness Wenlock v River Dee Co (1885) 10 App Cas 354 HL
- Insider
Dealing and Market Abuse
*NEW*
The effect of insider dealing on share price, definition of insider dealing, offence of insider dealing under the Criminal Justice Act 1993 Sections 52 to 54, synopsis of Case C-384/02 Criminal proceedings against Grongaard [2006] IRLR 214, ECJ - Company
Meetings *NEW*
Types of meetings - board meetings and general meetings, annual and extraordinary general meetings, ordinary and special resolutions passed at meetings, requirements for valid resolutions
McConnell v E Prill & Co Ltd [1916] 2 Ch 57
Re Moorgate Mercantile Holdings Ltd [1980] 1 All ER 40, [1980] 1 WLR 227 - Directors
*NEW*
The rules relating to numbers of directors, who are the directors, the power to appoint, who can be a director, remuneration, removal of directors - Directors'
Duties *NEW*
The position of directors generally, duties to the company, fiduciary duties and to whom they are owedRe Faure Electric Accumulator Co (1888) 40 ChD 141
Gramophone and Typewriter Ltd v Stanley [1908] 2 KB 89 CA
Re Smith & Fawcett Ltd [1942] Ch 304, [1942] 1 All ER 542, CA
John Crowther Group plc v Carpets International plc [1990] BCLC 460
Percival v Wright [1902] 2 Ch 421
Peskin v Anderson [2001] 1 BCLC 372, CA - The
Officers of the Company
*NEW*
The officers of the company, who is an officer, the manager of the company, the secretary and rules on who can be a secretary, the directors of the company - Minority
Protection and Actions by Shareholders
*NEW*
The protection of the minority shareholders, rights of action against the majority, applications to the court, unfairly prejudicial conduct under Part XVII of the Companies Act 1985
- Winding-up
up by the Court *NEW*
The circumstances under which a company may be wound up by the Court as regulated by the Insolvency Act 1986 and the winding up of partnerships under the Insolvency Act 1986 section 122(1)(a), and the Limited Liability Partnerships Regulations 2001, SI 2001/1090, Sch 3
- Voluntary
winding up *NEW*
The circumstances under which a company or a partnership may be wound up voluntarily, under the Insolvency Act 1986, Limited Liability Partnerships Regulations 2001, SI 2001/1090, Regulation 5, Schedule 3 - The nature of the partnership *NEW*
- Formation of the partnership *NEW*
- Passing
Off *NEW*
An explanation of passing off, the necessary elements for passing off including misrepresentation, and some examples of passing off cases
Reckitt & Colman Products Ltd v Borden Inc [1990] 1 All ER 873 at 880, [1990] 1 WLR 491 at 499, [1990] RPC 341 at 406, HL
Ewing v Buttercup Margarine Co Ltd [1917] 2 Ch 1
Erven Warnink BV v J Townend & Sons (Hull) Ltd [1979] AC 731, [1979] 2 All ER 927, [1980] RPC 31, HL
Dunlop Pneumatic Tyre Co Ltd v Dunlop Motor Co Ltd 1907 SC (HL) 15
Exxon Corporation v Exxon Insurance Consultants International Ltd [1982] Ch 199 - Company Law Reform in the European Union *NEW*
Case C-384/02 Criminal proceedings against Grongaard [2006] IRLR 214, ECJ
Percival v Wright (1902) 2 Ch 421
Dunston v Imperial Gas Light Co (1831) 3 B & Ad 125
R v Brockley [1994] 1 BCLC 606, [1994] BCC 131, CA
Hutton v West Cork Rly Co (1883) 23 ChD 654 CA
Re Lundy Granite Co Ltd, Lewis's Case (1872) 26 LT 673
Boschoek Pty Co Ltd v Fuke [1906] 1 Ch 148
Burland v Earle [1902] AC 83 PC
Re Alexander's Timber Co (1901) 70 LJ Ch 767
Registrar of Restrictive Trading Agreements v WH Smith & Son Ltd [1969] 3 All ER 1065, CA
Gibson v Barton (1875) LR 10 QB 329
Creen v Wright (1876) 1 CPD 591
Simpson v Denison (1852) 10 Hare 51
Wall v London and Northern Assets Corpn [1898] 2 Ch 469, CA
Lord v Governor & Co of Copper Miners (1848) 2 Ph 740
Foss v Harbottle (1843) 2 Hare 461
MacDougall v Gardiner (1875) 1 ChD 13, CA
Burland v Earle [1902] AC 83, PC
Re Bryant Investment Co Ltd [1974] 2 All ER 683, [1974] 1 WLR 826
The nature and definition of a partnership, the statutory definition, use of the word firm and the relationship between the partners, sleeping or dormant partners
Dickinson v Valpy (1829) 10 B & C 128
Sadler v Whiteman [1910] 1 KB 868
Skinner v Stocks (1821) 4 B & Ald 437
Longman v Pole (1828) Mood & M 223
Cf Jeffrey v Bamford [1921] 2 KB 351
Green v Beesley (1835) 2 Bing NC 108
Smith v Anderson (1880) 15 ChD 247
Britton v Customs and Excise Comrs [1986] VATTR 209
Evidence of formation of partnership, consideration of written and oral evidence
Worts v Pern (1707) 3 Bro Parl Cas 548, HL
England v Curling (1844) 8 Beav 129
Alderson v Clay (1816) 1 Stark 405
Spiro v Glencrown Properties Ltd [1991] Ch 537, [1991] 1 All ER 600
Heyhoe v Burge (1850) 9 CB 431
Caddick v Skidmore (1857) 3 Jur NS 1185
The EC EU European Community consideration of the reform of Company Law including the proposed plan in Modernising Company Law and Enhancing Corporate Governance in the European Union - A Plan to Move Forward (Com (2003) 284 final, 21.5.2003)
