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05 March 2010 / Gemma Crawford
Issue: 7407 / Categories: Features , Commercial
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Majority rule?

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 voting rights or the ability to appoint/remove directors) by way

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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