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...difference of opinion in Brass v. Maitland (1856) 6 E. & B. 470. The facts in that case were that the plaintiffs were owners of a general ship. The.... Lancashire Shipping Co. Ltd. [1961] A.C. 807 per Viscount Simonds at p. 836. In Brass v. Maitland (1856) 6 E. & B. 470 the majority...that in both cases the court regarded itself as being bound by the majority decision in Brass v. Maitland 6 E. & B. 470 which was not a case of a common carrier. Mr...
...Bank v Turquand (1856) 6 E & B 327 and sections 35A and 35B of the Companies Act 1985. 3. Unfortunately, in the courts below this 'want of authority' issue...do not arise on Criterion's application for summary judgment. LORD SCOTT OF FOSCOTEMy Lords,Introduction6. This appeal arises out of...motivation for, and the circumstances surrounding, the entering into the SSA, is accepted by Criterion. The relevant parts of Mr Glaser's evidence appears in paragraphs (1) to (6) of paragraph 11.1 of his...
...as the direct obligation of the consignor to the carrier is concerned, it has been put upon an implied warranty: Brass v. Maitland (1856) 6 E & B 470 ; but...articles as are dangerous in themselves, at the suit of any person whomsoever into whose hands they might happen to pass, and who should be injured thereby”; and in Longmeid v. Holliday 6 Ex 761 the...we go one step beyond that, there is no reason why we should not go fifty.” Longmeid v. Holliday 6 Ex 761, 768 was the case of a defective lamp sold to a man whose wife was injured by its explosion...
...Royal British Bank v. Turquand (1856) 6 E&B 327 that, simply on proof of an internal misapplication of the company's funds, the burden...dismissed the action and the claimants now appeal to this court. 6. The judge's reserved judgment delivered on 18th December 1998 is reported at [1999] BCC 669. All...BCCI Holdings."13. Clause 6 provided that on the happening of the event mentioned in clause 5 the terms and conditions of the agreement should cease to be applicable and...
...the principle of ostensible authority which in company law goes under the name of the rule in Royal British Bank v Turquand (1856) 6 E & B 327. In this...E...means6. The tort of causing loss by unlawful means has a different history. It starts with cases like Garret v...
.... Just as he can in the case of a company: see Royal British Bank v. Turquand (1856) 6 E. & B. 327. It is true that section 64(5...
...Turquand [1856] 6 E&B 327). In simple terms the rule says that an agent has authority to bind a principal in dealings with a third party if that agent holds out themselves as having authority to deal... Case No: 2601708/2023 Page 1 of 6 EMPLOYMENT TRIBUNALS Claimant... JUDGMENT JUDGMENT having been sent to the parties on 6 February 2024 and written reasons having been requested in accordance with Rule 62(3) of...
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...(Royal British Bank v Turquand (1856) 6 E & B 327) that persons dealing with a company in good faith can assume that acts within the company's constitution and...."6. For the project to be carried through to completion two steps were perceived as needing to be taken: obtaining control of the Club and obtaining ownership of the Ground. 7. Of the...). 27. By its Defence CL denied all these allegations. It denied that Mr Guterman had any interest in CL (paragraph 6). It denied that Mr Guterman and Mr Rhodes were acting at the behest...
...internal management into which the bank was not bound to inquire: Royal British Bank v Turquand (1856) 6 E & B 327. In Freeman & Lockyer v Buckhurst Park Properties...between 30% and 33%.
6. The new structure was established in February 1999. It operated until 13 October 2004, when all the companies went into administration and later into liquidation...taken when the scheme was set up. Neither of them identified the importance of the common settlor point raised by HMRC, but on 6 August 2004 another tax counsel advised on the telephone that it "blows...
...Turquand [1843-1860] All ER 435; (1856) 6 E & B 327; (1856) 25 LJQB 317. 55. The Board cannot accept these submissions. The...(1856) 6 E & B 327, which was decided at a time when a person dealing with a company was deemed to know the terms of its articles of association. Lord Neuberger continued, at para 61...of directors acting as agents of the company and the rule in Turquand's case, 6 E & B 327 establishes that a third party dealing in good faith with directors is entitled to assume that the internal...
...(1856) 6 E & B 172, 937...Sarsfield (1856) 6 E & B 192. In that case, the vessel, leaking water, put into a port to be repaired in circumstances where she had, on...Thompson v Hopper 6 E & B 172, 181 called them), the underwriters would be at liberty, in every case of a voyage policy to raise and litigate the question whether, at the...
... JISCBAILII_CASE_TORT Neutral Citation Number: [1856] EWHC Exch J65(1856) 11 Exch 781; 156 ER 1047 IN THE COURTS OF EXCHEQUER 6 February 1856 B e f o r e : ____________________ Between...
...the rule in Royal British Bank v Turquand (1856) 6 E&B 327, which was summarised by Lord Simmonds in Morris v Kanssen [1946] AC 459 as follows (at 474): "Persons.... 6. On 16 October 2015 Gordon Dadds LLP, Mr Aidiniantz's solicitors, wrote to Pinder Reaux to question Mr Riley's status as a director on the ground that his original appointment had been invalid.... No application has been made against Pinder Reaux for a wasted costs order under section 51 (6) of the Senior Courts Act 1981. Mr Yapp's witness statement in response to Pinder Reaux's evidence...
...Turquand's case (Royal British Bank v- Turquand (1856) 6 E&B 327), which allows outsiders dealing with the company to assume that acts of internal management have been properly...Mr McCall. 6. In about October 1992 Mr Christopher Meynell, a financial consultant, was introduced to Mr Bickers and Mr McCall, and he in turn introduced them to Mr Smith. The outcome...such pursuit of the Rights afforded by the said Court Order. 5 The Assignee is the only remaining Creditor of the Assignor Company.6 The consideration...
..., such a person can rely on the principle of ostensible authority which in company law goes under the name of the rule in Royal British Bank v Turquand (1856) 6 E&B 327. In this case...Finance 6 Plc v Greencoat Investments Limited and Others, which was heard and determined by Zacaroli J and in which he handed down a reserved written judgment on 31 July of this year. 2...adjournment on an indemnity basis. 6. In the event, Mr Nkafu's instructions were not to seek an adjournment on those terms and he relied on a written skeleton argument, unsigned, but I was...
...(1856) 6 E&B 327. Mr Steinfeld also questioned whether Mr Smith was dealing with SPDL "in good faith" for the purposes of section 35A. He accepted, at least for...IN THE HIGH COURT OF JUSTICECHANCERY DIVISION B e f o r e :MR JUSTICE RIMER...Mr Kitchen and 58,000 to Mr Bickers and Mr McCall. However, Mr Smith disputes these alleged liabilities. The consideration for the assignment was expressed in clause 6 to be...
...(1856) 6 E & B 327. The rule is that a person dealing with a company is generally entitled to assume that matters of internal management have been regularly carried out and that the...LIMITED (6...The third and fourth defendants did not appear and were not represented Hearing dates: 6 July 2022...
...Pym v Campbell (1856) 6 E&B 370, at p. 373-375, provides support for that...(1856) 6 E & B 986). Pym v Campbell is not authority, he submits, for the...initialled every single provision, notable examples being Schedules 1 (the definition of the Initial Franchise Fee) and 5 (his business-experience as at Paragraph 2 above).6. The...