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13 August 2010
Issue: 7430 / Categories: Case law , Law digest
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Civil procedure

Abbey Forwarding Ltd (in liquidation) v Hone and others [2010] EWHC 2029 (Ch), [2010] All ER (D) 24 (Aug)

It was common fairness that neither parties to litigation, their counsel, nor judges should make serious imputations or findings in any litigation when the person against whom such imputations or findings were made had not been given a proper opportunity of dealing with the imputations or defending themselves. Therefore, before a finding of dishonesty could be made it had not only to be pleaded but also put in cross-examination. It was a cardinal principle of litigation that if serious allegations, in particular allegations of dishonesty were to be made against a party who was called as a witness they had to be both fairly pleaded and fairly put to the witness in cross-examination.

 

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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