Examples of EWCA in a sentence
Nevertheless it is our view, following the decision of the Court of Appeal in Squires & Ors (Liquidators of SSSL Realisations (2002) Limited) v AIG Europe (UK) Limited [2006] EWCA Civ 7, that contractual subordination provisions are effective under English law notwithstanding section 107 of the Insolvency Act 1986 and two earlier decisions of the House of Lords which could be construed as ruling that it was contrary to public policy to contract out of the pari passu rule.
Although comments have been made by the Court of Appeal in Squires & Ors (Liquidators of SSSL Realisations (2002) Limited) v AIG Europe Limited [2006] EWCA Civ 7 to the effect that turnover trusts of the nature contained in the Dated Debt Indenture do not create registrable security, these comments, made in the context of section 395 Companies Act 1985, are of persuasive rather than binding authority only.
The Closing Date Balance Sheet and the Working Capital Closing Statement, respectively, shall be prepared on a basis consistent with the Current Balance Sheet and the EWCA Statement, respectively, using the same accounting methods, policies, practices, procedures and adjustments as were used in the preparation of the Current Balance Sheet and the EWCA Statement, respectively.
Although comments have been made by the Court of Appeal in Squires & Ors (Liquidators of SSSL Realisations (2002) Limited) v AIG Europe Limited [2006] EWCA Civ 7 to the effect that turnover trusts of the nature contained in the Indenture do not create registrable security, these comments, made in the context of section 395 Companies Act 1985, are of persuasive rather than binding authority only.
Even if an agent of the Petitioner practised a deception which helped to deny the Petitioner relief to which it was otherwise be entitled, "[t]he law does not attribute knowledge of a deception to the person who is being deceived": Moore Stephens (a firm)-v- Stone & Rolls Limited (in liquidation) [2008] EWCA Civ 644 at paragraph 39 (per Rimer LJ).
In the case of a voluntary arrangement under Part 1 of the Insolvency Act 1986, no such separate class meeting of the Issuer’s unsecured unsubordinated creditors 2 [2006] EWCA Civ 7 would be convened.