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Law digests: 28 April 2023

28 April 2023
Issue: 8022 / Categories: Case law , In Court , Law digest
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Company

Re JD Group Ltd in liquidation [2023] EWHC 775 (Ch), [2023] All ER (D) 12 (Apr)

The Chancery Division dismissed the appellant's appeal against a finding of the deputy judge that the appellant had been a knowing party to the carrying on of the business of the company with intent to defraud a creditor by causing it to participate in a Missing Trader Intra Community (MTIC) VAT fraud transaction, and was liable to contribute to the company's assets, pursuant to s 213 of the Insolvency Act 1986. The judge also found that the participation in the fraud during that period, and the submission of a VAT return for that period claiming VAT input credits, had been a fraudulent breach of his duty. The court held that, among other things, the appeal sought to overturn an evaluative decision of the judge reached on the basis of unappealed (and unappealable) findings of primary fact, and the appellant had not brought himself within any of the established mechanisms for succeeding in such a challenge.


Financial

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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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