The Cavendish LawCards conceal the wide diversity of matters to be had at the undergraduate legislations programme,as good as at the CPE/Diploma in legislation direction. each of the Cavendish LawCards is a whole, pocket-sized consultant to key examinable components of the legislation syllabus. Their concise textual content, straightforward structure and compact structure make the Cavendish LawCards excellent revision aids for picking out, figuring out and committing to reminiscence the salient issues of every subject.
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Additional resources for Cavendish: Company Lawcards
It was formerly the case that a member of a company could not sue for damages for breach of his membership contract while remaining a member of the company. This was a somewhat unusual feature of the membership contract of a company. A member was limited to the remedy of an injunction or a declaration. This was the rule in Houldsworth v City of Glasgow Bank (1880). However, s 131 of the Companies Act 1989 amending the Companies Act 1985 (s 111A) now provides: The s 14 contract is, of course, alterable by special resolution in most situations (see above).
Copyright Act 1956. The Court of Appeal held that the single word could not qualify as an original literary work so the defendant could not be restrained from using it on the grounds of breach of copyright. • In an attempt to avoid the so called ‘Phoenix syndrome’ where the controllers of a company put it into insolvent liquidation, thereby releasing the business from existing debts, and then incorporate a new company with the same or a similar name, s 216 of the Insolvency Act 1986 makes it a criminal offence for a director of an insolvent company to be a director of a new company with the same name or a name which suggests an association with the insolvent company within five years of the insolvency.
Chitty J, and the Court of Appeal upholding him, held that this provision was invalid as it was at odds with the memorandum of association. 44 CAVENDISH LAWCARDS • If an alteration of the articles is proposed which conflicts with an order of the court, then this is, of course, void. For example, an order of the court under s 5 of the Companies Act 1985 relating to a change of objects or under s 461 of the Companies Act 1985 relating to the remedy for unfairly prejudicial conduct cannot be overridden by a change of articles.