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Law digests: 11 December 2020

10 December 2020
Issue: 7914 / Categories: Case law , In Court , Law digest
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Bank

Roberts v Royal Bank of Scotland plc [2020] EWHC 3141 (Comm), [2020] All ER (D) 09 (Dec)

The defendant bank’s application for an order striking out the claimant’s claim succeeded, in a dispute concerning the administration of a company. The claimant alleged that the administration and compulsory liquidation had been caused by the honouring of certain cheques signed by a temporary clerk in favour of VTV’s majority shareholder. The Commercial Court held that the claim should be struck out as disclosing no reasonable grounds for bringing the claim and that there be judgment for the bank on it.


Company

Re A Company [2020] EWHC 3011 (Ch), [2020] All ER (D) 126 (Nov)

The appellant company’s appeal against the dismissal of its application for the winding up of the respondent company failed. At first instance, the judge had considered that the debt allegedly due under the guarantee was disputed by the respondent on grounds which appeared to be substantial. The Chancery Division held that it was not for it

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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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