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26 May 2023
Issue: 8026 / Categories: Case law , In Court , Law digest
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Law digests: 26 May 2023

Company

Seneschall v Trisant Foods Ltd (in liquidation) and others [2023] EWHC 1029 (Ch), [2023] All ER (D) 27 (May)

The Chancery Division allowed the claimant’s claim that he had been the victim of a plan, concealed from him, by which the second to fifth defendants had taken control of a company from him. Further, from about June 2020, there had been an unlawful means conspiracy between the second to fifth defendants to exclude the claimant from executive participation in the company’s affairs. A counterclaim, brought by another company that had invested in the company in issue, was dismissed.


Damages

Smout v Wulfrun Hotels Ltd [2023] EWHC 1128 (KB), [2023] All ER (D) 48 (May)

The King’s Bench Division held that no authority had been put before it that abusive or unprofessional conduct by the representative of a defendant company had previously justified a tripling of the conventional interest rate (of 2%) awarded on damages for pain, suffering and loss of amenity. The court ruled that interest on damages was

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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