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02 November 2012
Issue: 7536 / Categories: Case law , Law digest , In Court
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Insolvency

Autoquake Ltd v Car Care Plan Ltd [2012] EWHC 1344 (Ch), [2012] All ER (D) 194 (Feb)

Where an order was sought in order to facilitate a distribution among members, the court would be more reluctant to grant it than if the distribution was to be made to creditors. The jurisdiction to make an order facilitating a distribution was derived, so far as liquidations were concerned, from the statutory power of the court to give directions to liquidators contained in s 168(3) of the Act. The equivalent power to give directions to administrators was contained in para 63 of Sch B1 to the Act. There was no reason why it should not be exercised in a similar way, and no reason why it should not be exercised in relation to expense claims, as well as provable debts.

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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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