Case summaries

Lady justice next to law books

Smith v Butler [2012] EWCA Civ 314

Mr Butler, managing director owning 31.2% of shares, suspended Mr Smith, chairman owning 68.8%, without board authority over alleged expense fraud. The Court of Appeal held a managing director lacks implied authority to suspend the chairman, affirming the judge's order for a meeting with quorum of one to remove Mr...

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Re Skeggs Beef Ltd [2019] EWHC 2607 (Ch)

Joint administrators sought a declaration that their appointment was valid despite the notice being filed via the Electronic Working Pilot Scheme rather than the prescribed Insolvency Rules procedure. The court held the defect was purely formal, causing no substantial injustice, and declared the appointment valid from 5:03pm on 10 September...

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Sharma v Sharma [2013] EWCA Civ 1287

A director of a dental company acquired dental practices for herself rather than for the company. The Court of Appeal held she was not in breach of fiduciary duty because shareholders had acquiesced at a family meeting with full knowledge of the material facts. Silence in the circumstances amounted to...

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Sevilleja v Marex Financial Ltd [2020] UKSC 31

Marex obtained judgment against two companies controlled by Mr Sevilleja, who then stripped their assets to prevent payment. Marex sued Mr Sevilleja personally for economic torts. The Supreme Court clarified that the reflective loss principle only prevents shareholders claiming for diminution in share value reflecting company losses, and does not...

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Secretary of State for Trade and Industry v Aviss [2006] EWHC 1846 (Ch)

Directors' disqualification proceedings against two individuals who controlled three insolvent companies. They diverted company funds to other businesses in which one had interests, causing substantial creditor losses. Both were found unfit as directors for failing to respect corporate personality principles and were disqualified for seven and eleven years respectively. Facts...

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C G Fry & Son Limited v Secretary of State for Housing, Communities and Local Government [2025] UKSC 35

This appeal raised two issues of planning law concerning environmental protection and large-scale residential development. Issue 1 was whether regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) requires an appropriate assessment before a local planning authority discharges conditions attached to a reserved matters approval....

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In the matter of an application by the Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47

The Secretary of State for Northern Ireland challenged a coroner's decision to disclose gists of information from documents subject to Public Interest Immunity certificates relating to a 1994 murder in Belfast. The Supreme Court established that courts reviewing PII decisions must form their own view of the public interest balance...

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Saatchi v Gajjar [2019] EWHC 3472 (Ch)

Charles Saatchi sought permission to continue a derivative claim on behalf of Triptych Logistics Limited against its sole director, Rahul Gajjar, alleging misappropriation of company assets including unauthorised loans, payroll payments, vehicle purchases, and credit card misuse. The court granted permission, finding sufficient merit in the claims. Facts Charles Saatchi...

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Thinc Group Ltd v Kingdom [2013] EWCA Civ 1306

A dispute over costs following litigation concerning recovery of a 'disturbance payment'. Both parties appealed the judge's costs order. The Court of Appeal dismissed both appeals, finding the judge properly exercised his discretion considering the chronology of offers, conduct of parties, and Part 36 offer implications. Facts The Claimant (Thinc...