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22 July 2010
Issue: 7427 / Categories: Case law , In Court
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Law digest: 23 July 2010

Company; Customs and excise; Libel; Extradition; Broadcasting; Shipping

Company

Iesini and others v Westrip Holdings Ltd and others [2009] EWHC 2526 (Ch), [2010] All ER (D) 108 (Jul)

A derivative claim might only be brought under the Companies Act 2006 and was one in which the cause of action was vested in the company, but where the claim was brought by a member of the company. The cause of action had to arise from an actual or proposed act or omission involving negligence, default, breach of duty or breach of trust by a director of the company. The Act required a two-stage procedure where a member himself had brought the proceedings. At the first stage, the applicant was required to make a prima facie case for permission to continue a derivative claim. At the second stage, something more than establishing a prima facie case was needed. The court would have to form a view on the strength of the claim in order properly to consider the requirements of ss 263(2)(a), and 263(3)(b), of

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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