Procter v Procter & ors WTLR(w) 2023-01

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Trustees: Unanswered questions

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | May 2020 #216
Elizabeth Ovey examines the position on the exercise of discretionary powers for an improper purpose ‘In practice, it does not usually matter whether a restriction not expressed in the relevant instrument is imposed as an implied term through a process of construction or by reference to the improper purpose test; in either case the exercise …

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Shareholder Disputes: Improper intentions

Penningtons Manches Cooper LLP | The Commercial Litigation Journal | March/April 2016 #66
Noel McMichael and Nicole Finlayson consider a recent Supreme Court ruling ‘The “proper purpose” rule is commonly applied to prevent the use of directors’ powers for the purpose of influencing the outcome of a general meeting.’ In December 2015, the Supreme Court handed down a significant judgment on the nature and effect of the ‘proper …

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Update: A litigation overview – 2015

Herbert Smith Freehills LLP | The Commercial Litigation Journal | January/February 2016 #65
Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales ‘2015 offered a welcome respite from the previous flood of case law considering applications for relief from sanctions for breaches of court rules and orders.’ As we move into …

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