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26 November 2020
Issue: 7912 / Categories: Case law , In Court , Law digest
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Law digests: 27 November 2020

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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