O’Keefe v Caner [2017] EWHC 1105 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

This was a trial of the preliminary issue of whether claims made by the joint liquidators of two Jersey-incorporated companies against the respondents were time-barred as a matter of Jersey law.

In the proceedings, the applicants claimed that between 10 April 2007 and 10 June 2008 payments were made of €16m and €18m from ‘Level One’ and ‘Special Opportunity’ respectively, to or for the benefit of the first respondent or companies owned beneficially by him. Those payments were claimed not to have been made in good faith for a legitimate commercial purpose of the companies, and the ...

Williams v Central Bank of Nigeria [2014] UKSC 10

Wills & Trusts Law Reports | June 2014 #140

In connection with a transaction dating back to 1986 the respondent paid $6,520,190 to a solicitor in England to be held in trust on terms that it should not be released until certain funds were made available to him in Nigeria. The solicitor pocketed $500,000 and, in fraudulent breach of trust, paid out the balance to the appellant’s account with Midland Bank in London. It was alleged that the appellant was a party to the fraud. The respondent obtained permission to serve a claim form out of the jurisdiction and an application was made to set aside that permission.

Supperstone J ...

Sharma v Sharma & ors [2013] EWCA Civ 1287

Wills & Trusts Law Reports | January/February 2014 #136

In April 2003 qualified dentist Anushika Sharma acquired her first dental practice. In January 2007 she acquired a second practice and in July 2007 she was provided with an opportunity to purchase a third. This opportunity prompted a family meeting to discuss Anushika’s expanding empire. Jagesh Sharma (Sunny), Keshbala Sharma and Rajesh Sharma (Anushika’s then husband, mother-in-law and brother-in-law respectively) and Anushika were in attendance. During this meeting it was determined that a company (ADC Ltd) would be set up to purchase the third practice rather than Anushika doing this ...

Company Law: Doing your duty

Nicola Bridge and Felicity Crowe assess the impact of directors’ duties ‘Since the codification of the common law and equitable directors duties in the Companies Act 2006 (the Act), it is much easier for directors to identify the duties that they owe the company.’ Directors are appointed by shareholders to manage the business and affairs …
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