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Company – Shares. The claimants brought proceedings in the British Virgin Islands (BVI) against the second defendant for breach of a contract to procure the issue of shares in the first defendant company to them and against the company for rectification of its share register to show the claimants as shareholders. The BVI court refused the claimants permission to serve the second defendant out of the jurisdiction on the basis that there was no real issue between the claimants on their rectification claim since they were not shareholders in the company. The Court of Appeal allowed the claimants' appeal. The Privy Council, in allowing the defendants' appeal, held that proceedings for rectification could only be brought where a claimant had a right to registration by virtue of a valid transfer of legal title, and not merely a prospective claim against the company dependant on the conversion of an equitable right to a legal title by an order for specific performance of a contract.
Company – Shares. The claimants brought proceedings in the British Virgin Islands (BVI) against the second defendant for breach of a contract to procure the issue of shares in the first defendant company to them and against the company for rectification of its share register to show the claimants as shareholders. The BVI court refused the claimants permission to serve the second defendant out of the jurisdiction on the basis that there was no real issue between the claimants on their rectification claim since they were not shareholders in the company. The Court of Appeal allowed the claimants' appeal. The Privy Council, in allowing the defendants' appeal, held that proceedings for rectification could only be brought where a claimant had a right to registration by virtue of a valid transfer of legal title, and not merely a prospective claim against the company dependant on the conversion of an equitable right to a legal title by an order for specific performance of a contract.
Chair of the Bar reflects on 2025
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Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Professor Dominic Regan and Seán Jones KC present their best buys for this holiday season
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Pointillism, radical politics and social conscience. Review by Stephen Cragg KC