Cases to reference

Question 1

Which case established the three key characteristics of a floating charge?

Answer 1

Re Yorkshire Woolcombers Association Ltd

Question 2

Which case stated that the charge instrument’s classification of a charge is relevant?

Answer 2

Agnew v Inland Revenue Commissioner

Question 3

Which case stated that the charge instrument’s classification of a charge is not conclusive?

Answer 3

Street v Mountford

Question 4

Which case established that a court may conclude that a charge described as fixed may be categorised as fixed?

Answer 4

Re Spectrum Plus Ltd

Question 5

Which case established that COI is still present even if company cannot take advantage or property, information or opportunity in question?

Answer 5

Regal (Hastings) Ltd v Gulliver

Industrial Development Consultants Ltd v Cooley

Question 6

Which case shows that S.172 is a subjective duty?

Answer 6

Regentcrest Plc v Cohen

Question 7

Which case shows that a total failure to engage in managerial duties is not permissible and constitutes breach of S.174 duty?

Answer 7

Dorchester Finance Co v Stebbing

Question 8

Which case demonstrates that the corporate opportunity doctrine will be applied very strictly, and therefore that S.175 is still breached if opportunity no longer available to company?

Answer 8

Bhullar v Bhullar