header-logo header-logo

Majority rule?

05 March 2010 / Gemma Crawford
Issue: 7407 / Categories: Features , Commercial
printer mail-detail

A recent Court of Appeal judgment in Enviroco Limited v Farstad Supply A/S [2009] EWCA Civ 1399, [2009] All ER (D) 206 (Dec) initially caused some consternation in legal and banking circles.

A recent Court of Appeal judgment in Enviroco Limited v Farstad Supply A/S [2009] EWCA Civ 1399, [2009] All ER (D) 206 (Dec) initially caused some consternation in legal and banking circles.

The Court of Appeal overturned a decision reached by the High Court at first instance concerning whether a company was a “subsidiary” for the purposes of the Companies Act 1985 (the 1985 Act) in circumstances in which its holding company charged the shares it held in the subsidiary to a bank. We understand that an application has been made to the Supreme Court for leave to appeal the decision but no hearing date has yet been set.

Practically, this will only affect subsidiary companies; (i) that have more than one shareholder, or; (ii) in respect of which the controlling shareholder has acquired controlling rights (whether relating to the majority of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll