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Law digests: 7 August 2020

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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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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
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The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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