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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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