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England and Wales Case Law

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Insolvency [2020] EWHC 2360 (Ch)

Truewood Ltd, Re

Truewood Ltd, Re [2020] EWHC 2360 (Ch) (03 September 2020)

The High Court set aside a debarring judgment in insolvency misfeasance proceedings, finding invalid service and an arguable defence based on repayment or set-off.

  • Misfeasance
  • Service of process
  • Relief from sanction
  • Set aside judgment
  • Director loans
  • Mutual dealings
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Contract law [2014] EWHC 3382 (QB)

Worldspreads Ltd v Foley

Worldspreads Ltd v Foley [2014] EWHC 3382 (QB) (17 October 2014)

The High Court held that payments made to Conor Foley were loans, not salary or severance advances, and rejected set-off and implied-contract arguments.

  • Implied contracts
  • Novation
  • Set-off
  • Remuneration disputes
  • Director loans
  • Severance agreements
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Company law

Brown & Anor v Button & Ors

Liquidators recovered unlawful director loan sums from two directors after alleged dividend offsets failed and later payments were treated as loans, not salary.

  • Director loans
  • Unlawful dividends
  • Fiduciary duty
  • Limitation period
  • Director-loans
  • Unlawful-dividends
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Company law

Mullarkey & Ors v Broad & Anor

The High Court dismissed a fraud-based misfeasance claim against a company director, finding the pleaded allegations and evidence did not prove dishonesty.

  • Fraudulent misfeasance
  • Breach of fiduciary duty
  • Limitation periods
  • Assignment of claims
  • Director loans
  • Inter-company debts
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Company law [2002] EWCA Civ 779

Currencies Direct Ltd v Ellis

Currencies Direct Ltd v Ellis [2002] EWCA Civ 779 (31 May 2002)

The Court of Appeal held that payments to a company director were remuneration for work done, not repayable loans, and dismissed the appeal and cross-appeal.

  • Director remuneration
  • Director loans
  • Implied contract
  • Quantum meruit
  • Director-remuneration
  • Director-loans
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.