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28 April 2021 / Stephen Gold
Issue: 7930 / Categories: Features , Procedure & practice , Civil way
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Civil way—30 April 2021

Witness sick: ADJOURN; party pregnant: ADJOURN; pre-pack protection; just a fiver to get into court; experts needed on EU Directive.

DON’T FORGET THE WITNESSES

Successfully appealing a trial adjournment refusal is about as hard as it gets. But it worked in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2021] EWCA Civ 221 which is deserving of a welding to your Green Book and laptop screen. The issue on appeal was whether a five-week Business & Property Courts trial should be adjourned a fortnight before commencement on account of the medical condition of one of the appellant defendant’s witnesses. In going over, the trial would not come on until early or mid-2022, by which time there were excellent prospects for the witness to be able to attend. There were allegations of dishonesty against the witness. She wanted a judge to hear her. A factual finding adverse to her was likely to have a very significant impact on her future career, if not destroy it completely.

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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
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
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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