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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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