Zeital v Kaye & ors [2010] EWCA Civ 159

April 2016 #158

The appeal concerned a dispute over the beneficial ownership of the sole two issued shares in a company in liquidation (the company). The company was incorporated by the deceased in 1988. The shares were originally issued to the company’s formation agents, a Mr Ashok Kumar and Mrs Kamlesh Kumar. Each signed an undated blank stock transfer form in relation to the share he/she held, leaving blank the transferee boxes. These forms came into the deceased’s possession.

In 1998 the company was struck off the register by the Registrar of Companies. In February 2004 the deceas...

Moriarty v BA Peters [2008] EWCA Civ 1604

November 2011 #114

 

BA Peters plc (the company) carried on a business consisting of activities connected with boats, including their sale or purchase both on its own account and as broker for clients. It operated two bank accounts – client and current. When the company went into administration on 14 August 2007 its current account was substantially overdrawn but there was a balance on its client account amounting to £850,544.44. KPMG LLP, whose employees were the joint administrators, concluded on an analysis of the client account that the payments in originated either from sums received on be...