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Law digests: 7 August 2020

05 August 2020
Issue: 7898 / Categories: Case law , Law digest , In Court
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Company

London Capital & Finance plc (in administration) v London Capital Marketing Ltd [2020] EWHC 2028 (Ch), [2020] All ER (D) 153 (Jul)

The petitioner company successfully applied for the winding up of the respondent company on the basis that the respondent was unable to pay its debts as they fell due. In allowing the application, the Chancery Division held that, on the evidence, there was a genuine and substantial dispute only in relation to certain of the payments challenged by the respondent. Accordingly, the petitioner had established that it was a creditor for at least the sum of £386,588.82, and the respondent was unable to pay its debts as they fell due.


Court of protection

A local authority v A [2020] EWCOP 38, [2020] All ER (D) 119 (Jul)

The discharge of a property and affairs deputy who no longer wished to act was not automatic, but an exercise of the court’s discretion. Such discretion would always require to be exercised reasonably and would, inevitably, be influenced by the protected

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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