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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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