Case Law - Part 5

Question 1

As a scheme of arrangement involves a ‘compromise or arrangement’, it follows that a party unilaterally giving up
all their rights without receiving anything in return will not constitute a scheme of arrangement, case law

Answer 1

National Farmers Union Development Trust Ltd (1972)

Question 2

Wrongful trading case law

Application of s.214 2 and its subjective nature case law

Answer 2

Produce Marketing Consortium Ltd (No 2) (1989)

Question 3

s.216 Restriction on re-use of company names

Answer 3

Ricketts v Ad Valorem Factors Ltd (2003)

Question 4

Transactions at an undervalue case law

Answer 4

Phillips v Bewin Dolphin Bell Lawrie Ltd

Consideration of 60% of the consideration paid by the company for the asset would amount to an undervalue