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Law digests: 26 May 2023

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

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
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