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11 August 2017
Issue: 7758 / Categories: Case law , Law digest , In Court
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Costs

Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik AS [2017] UKSC 57[2017], All ER (D) 09 (Aug)

When considering whether the ability of a third party to provide funds could be taken into account in assessing the likelihood that a company could make a payment into court, the question had to be whether the company could raise the money and not whether the relevant shareholder could raise the money.

The appropriate criterion to be applied was whether the appellant company had established on the balance of probabilities that no such funds would be made available to it, whether by its owner or by some other closely associated person, as would enable it to satisfy the requested condition. Accordingly, the Supreme Court allowed the appellant company’s appeal against a finding that its appeal against an earlier judgment would be dismissed, on the grounds that it could not make the required payment into court.

 

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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