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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

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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

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Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
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NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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