000 01618cab a2200253 4500
001 WB3419-34
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u86318
041 _aeng
245 _aNegligence
260 _c1998
350 _a0
490 _aEstates Gazette Case Summaries
_v[1998] EGCS 79 (16/5/98)
520 _a"Hill and another v Mullis & Peake and another" CA 6 May 1998. Plaintiffs sold shares in a hotel business and adjacent property. The first defendant was engaged to deal with the legal aspects of the sale. A share sale agreement was entered into and both the shares and the house purchased by HLM Developments Ltd. The share sale included a clause undertaking to procure the acquisition of the property with an equity value of £400,000 and to charge those properties in favour of the plaintiff. The purchase was financed by two loans. The purchasers failed to make interest payments to the bank and failed to acquire the property. HLM went into receivership and the assets were insufficient to cover the bank`s first charge. The plaintiffs issued proceedings against the solicitors alleging negligence and breach of contract in failing to advise the plaintiffs that the agreement was unlawful under Companies Act 1985 s151. Held, appeal dismissed.
650 _aASSETS
650 _aCOMPANIES ACT 1985 S151
650 _aHILL AND ANOTHER V MULLIS & PEAKE AND ANOTHER
650 _aInsolvency
_96247
650 _aNEGLIGENCE
650 _aSOLICITOR
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c20/05/1998
999 _c54316
_d54316