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03 September 2021
Issue: 7946 / Categories: Case law , In Court , Law digest
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Law digests: 3 September 2021

Child

Re P and another (children) (Hague Convention: consent) [2021] EWHC 2184 (Fam), [2021] All ER (D) 20 (Aug)

The father applied for the summary return to the United States of America under the Hague Convention 1980 or under the inherent jurisdiction, of his daughters P, age 12, and Q, age 11, who were living in the UK with their mother. The mother opposed the application. The Family Division dismissed the father’s applications as it found that on the evidence the defence of consent had been made out by the mother.


Company

Re Provident SPV Ltd [2021] EWHC 2217 (Ch), [2021] All ER (D) 24 (Aug)

The applicant company’s application for the sanctioning of a scheme of arrangement succeeded. The company had been set up to assume the liabilities of two other companies that provided small loans to individuals on low or moderate incomes. The Chancery Division held that the scheme met the requirements in the case law, and that none of the matters raised by the Financial Conduct Authority

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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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