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Civil Litigation
Civil Litigation revision notes using textbook and lecture notes.
- Summary
- • 130 pages •
Civil Litigation revision notes using textbook and lecture notes.
COMPANY PROCEDURE PLANNING
BOARD MEETING (BM1) – DIRECTORS NOTICE: Any director can call a BM, by notifying all other qualifying directors. notice of BM can also be given by company secretary if authorised by a director. notice must be “reasonable” (Re Homer). determined based on circumstances. QUORUM: explain the quorum required (2 qualifying persons MA11.2) for a valid BM and who should attend. DECLARATION OF INTEREST – S177 declare any interest in the proposed transaction. will not count in quorum or vote. u...
- Summary
- • 2 pages •
BOARD MEETING (BM1) – DIRECTORS NOTICE: Any director can call a BM, by notifying all other qualifying directors. notice of BM can also be given by company secretary if authorised by a director. notice must be “reasonable” (Re Homer). determined based on circumstances. QUORUM: explain the quorum required (2 qualifying persons MA11.2) for a valid BM and who should attend. DECLARATION OF INTEREST – S177 declare any interest in the proposed transaction. will not count in quorum or vote. u...
BLP Revision notes
BLP revision notes
- Class notes
- • 62 pages •
Alternatives to Liquidation
Alternatives to Liquidation
- Summary
- • 2 pages •
Alternatives to Liquidation
misrepresentation
- Fraudulent - negligent- if you don’t show reasonable grounds it is not innocent. - innocent- if you show reasonable grounds it is innocent - rescission of the contract can be done as a remedy.
- Class notes
- • 5 pages •
- Fraudulent - negligent- if you don’t show reasonable grounds it is not innocent. - innocent- if you show reasonable grounds it is innocent - rescission of the contract can be done as a remedy.
Material Adverse Clause
event of default clause “represents an attempt to identify in advance those circumstances which, in the case of the borrower would put the loan In jeopardy- the drafting the negotiation of such can only be properly carried out if careful consideration Is given to the particular circumstances of the borrower present and future”.
- Class notes
- • 5 pages •
event of default clause “represents an attempt to identify in advance those circumstances which, in the case of the borrower would put the loan In jeopardy- the drafting the negotiation of such can only be properly carried out if careful consideration Is given to the particular circumstances of the borrower present and future”.
Failures in Prudential Regulation regarding directors
- FSAPRA- conduct and day to day regulation- argument still is, that they still favour a like touch self-regulatory approach and therefore, the same problems will emerge again. Nothing to suggest that It has been solved. May be problems in future if banks over lend. No doubt that the vicious rule to put all the assets on the inside and the ability to find other banks it’ll be more difficult for banks to fail. - Still possible because the regulator may be charging things specifically. = could b...
- Class notes
- • 5 pages •
- FSAPRA- conduct and day to day regulation- argument still is, that they still favour a like touch self-regulatory approach and therefore, the same problems will emerge again. Nothing to suggest that It has been solved. May be problems in future if banks over lend. No doubt that the vicious rule to put all the assets on the inside and the ability to find other banks it’ll be more difficult for banks to fail. - Still possible because the regulator may be charging things specifically. = could b...
Consumer credit act 1974 and 2006
The CCA 1974 as amended by the CCA 2006 The Consumer Credit Act 2006 Julie Patient: Volume 21 (2006) 6 J.I.B.L.309. 1974 was old fashioned and its approach was to require information to be given to consumers so that they could make the right choice. If you didn’t then there would be certain consequences for that. The consumer credit 2006 is a slightly more modern piece which wasn’t completely a new piece of legislation. In particular, it introduced unfair relationships.
- Class notes
- • 7 pages •
The CCA 1974 as amended by the CCA 2006 The Consumer Credit Act 2006 Julie Patient: Volume 21 (2006) 6 J.I.B.L.309. 1974 was old fashioned and its approach was to require information to be given to consumers so that they could make the right choice. If you didn’t then there would be certain consequences for that. The consumer credit 2006 is a slightly more modern piece which wasn’t completely a new piece of legislation. In particular, it introduced unfair relationships.
LIEN AND SET OFF
No such binding obligation outside of that. You need to be aware that there is such a thing as common law set off and equitable set off. To a large extent – complicated. Use it I the general sense. Common law set off is basically a plus and minus and you do it. equitable set off means if you are not sure about the position, you have some doubt as to ownership, then you shouldn’t set off. Equitable uncertainty or it would be uncertain for it to set off. Because banks do it and are not n...
- Summary
- • 5 pages •
No such binding obligation outside of that. You need to be aware that there is such a thing as common law set off and equitable set off. To a large extent – complicated. Use it I the general sense. Common law set off is basically a plus and minus and you do it. equitable set off means if you are not sure about the position, you have some doubt as to ownership, then you shouldn’t set off. Equitable uncertainty or it would be uncertain for it to set off. Because banks do it and are not n...