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13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
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Insolvency

Re GP Aviation Group International (in liquidation) Ltd Williams v Glover and another [2013] EWHC 1447 (Ch), [2013] All ER (D) 41 (Jun)

The question arose in proceedings between the liquidators and former directors of a company as to whether the right to appeal against a tax liability constituted the ‘property’ of the company. Consideration was given to s 436 of the Insolvency Act 1986. The court ruled, first, that the classical definition of a chose in action was that it described “all personal rights of property which could only be claimed or enforced by action and not by taking physical possession.” A bare right to appeal against what would otherwise be a liability did not satisfy that definition. Secondly, the authorities maintained a distinction between a chose and the remedies available for its enforcement. The right to a remedy was an incident of the ownership of the chose. It was not something that was capable of being sold or assigned separately from the right to which it related. The right of appeal was a right conferred on

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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