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12 May 2023
Issue: 8024 / Categories: Case law , In Court , Law digest
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Law digests: 12 May 2023

Company

Re AGPS BondCo plc [2023] EWHC 916 (Ch), [2023] All ER (D) 58 (Apr)

The Chancery Division approved a restructuring plan. The plan concerned a company incorporated in England and Wales, which was part of a group whose business consisted of the purchase, management and development of income-producing, multi-family residential real estate in Germany. The court held that the relevant class, namely, the 2029 plan creditors, would be no worse off under the plan than they would have been under the relevant alternative. The court would exercise its discretion to make the order sought.


Debt

CRF I Ltd v Banco Nacional De Cuba and another [2023] EWHC 774 (Comm), [2023] All ER (D) 53 (Apr)

The Commercial Court ruled on a challenge to jurisdiction under CPR 11 brought by the defendants. The first defendant, a national bank, took out loans from commercial banks in the 1980s. The second defendant, the Republic of Cuba, acted as guarantor. The first defendant defaulted on repayments. The dispute involved a sovereign debt

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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