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Law digests: 27 November 2020

26 November 2020
Issue: 7912 / Categories: Case law , In Court , Law digest
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Company

Re Taylor Pearson (Construction) Ltd (in administration) [2020] EWHC 2933 (Ch), [2020] All ER (D) 88 (Nov)

The applicant creditors failed in their application, pursuant to paras 74 and/or 75 of Sch B1 to the Insolvency Act 1986, for the revocation of certain proposals submitted by the administrators which were purported to have been deemed approved. In dismissing the application, the Chancery Division decided that the reasons submitted by the applicants for the revocation of the proposals at issue lacked merit. The court further held that, looking at the position more generally, the administrators had all but completed realising assets and had authority to make a distribution to unsecured creditors and had funds to pay preferential creditors. Accordingly, there was little point in placing the company into liquidation, as proposed by the creditors, even if the earlier findings were wrong.


Competition

AB Volvo (Publ) and others v Ryder Ltd and others [2020] EWCA Civ 1475, [2020] All ER (D) 81 (Nov)

In dismissing the appellants’ appeal, the Court of Appeal,

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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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