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20 May 2020
Issue: 7887 / Categories: Case law , Law digest , In Court
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Law digests: 22 May 2020

Company

Re Debenhams Retail Ltd (in administration) Rowley and another (as joint administrators of Debenhams Retail Ltd) [2020] EWCA Civ 600, [2020] All ER (D) 42 (May)

The judge had been correct to determine that, by paying only the amounts which might be claimed under the Coronavirus Job Retention Scheme (JRS) to employees of Debenhams Retail Ltd (the company) while they had been furloughed, the appellant joint administrators had adopted the contracts of those employees with the effect that those employees had, potentially, enjoyed super-priority in the administration. The Court of Appeal, Civil Division, dismissing the administrators’ appeal, held that the question was whether the conduct of the administrators had been such that they had to be taken to have accepted that the relevant amounts falling due under the employment contracts had enjoyed super-priority. In the present case, because of the nature of the JRS, the administrators had continued the employment of the furloughed employees.


European Union

LG and others v Rina SpA and another C-641/18, [2020] All ER (D) 69 (May)

Article

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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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