Company Law Essay Help : Case List
Corporate Form and Company Formation
Corporate Form and Company Formation
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.
Corporate Form Cases
- 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
- Richmondon Thames Borough Council v Pinn & Wheeler [1989] RTR 354
Memorandum of Association
Memorandum of Association
The memorandum of association, contents, objective of the company, alteration of the memorandum.
Memorandum of Association Cases
- 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
Articles of Association
Registration, use of standard articles in Table A, formalities for the Case 32/74 Friedrich Haaga GmbH [1974] ECR 1201, [1975] 1 CMLR 32, ECJ.
Share Capital
Share Capital
Share Capital - Authorised, Issued, Called up, Paid and Uncalled Share Capital and the raising
Public offers, procedures and listing
Public offers, procedures and listing
Public Share Offers and a description of the share markets including the main market, AIM, OFEX and OTC
Regulation of public offers
Regulation of public offers
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.
Maintenance of Capital
Maintenance of Capital
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
Shares and Membership of a Company
Who is a member of the company, subscribers to shares, the share register, rights that come.
Shares and Membership Cases
- 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
Rights of the Shareholder
Rights of the Shareholder
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
Transfer of Shares
The nature of shares and how they are transferred, the formalities of transfer, and the transfer.
Transfer of Shares Cases
- 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
Borrowing and Charges
Borrowing and Charges
The regulation of company borrowing, powers of borrowing, lending to a company, security for the borrowing, different charges and their ranking, debentures/floating charges
Borrowing and Charges Cases
- 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
Insider Dealing and Market Abuse
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.
Insider Dealing Cases
- Case C-384/02 Criminal proceedings against Grongaard [2006] IRLR 214, ECJ
- Percival v Wright (1902) 2 Ch 421
Company Meetings
Company Meetings
Types of meetings - board meetings and general meetings, annual and extraordinary general meetings, ordinary and special resolutions passed at meetings, requirements for valid resolutions
Company Meeting Cases
- 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
Directors
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 Case list
- 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
Directors' Duties
Directors' Duties
The position of directors generally, duties to the company, fiduciary duties and to whom they are owed
Directors' Duties Case List
- a href="revision-area/company-law/cases/faure-electric-accumulator.php">Re Faure Electric Accumulator Co (1888) 40 ChD 141Gramophone 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
Officers of the Company
The Officers of the Company
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.
Officers of the Company Cases
- 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
Minority Protection
Minority Protection and Actions by Shareholders
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
Minority Protection Cases
- 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
Winding-up up by the Court
Winding-up up by the Court
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
Example case
Voluntary winding up
Voluntary winding up
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
The nature of the partnership
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
Example cases
- 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
Formation of the partnership
Formation of the partnership
Evidence of formation of partnership, consideration of written and oral evidence
Example Cases
- 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
- Caddickv Skidmore (1857) 3 Jur NS 1185
Passing Off
Passing Off
An explanation of passing off, the necessary elements for passing off including misrepresentation, and some examples of passing off cases.
Example 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
- Company Law Reform in the European Union
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).


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