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Law digests: 5 August 2022

05 August 2022
Issue: 7990 / Categories: Case law , In Court , Law digest
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Company

Offical Receiver v Obaigbena [2022] EWHC 1399 (Ch), [2022] All ER (D) 63 (Jul)

The Chancery Division dismissed the appeal of the appellant from a decision of the deputy insolvency and companies court which disqualified the appellant from being involved in the management of a limited company. The appellant argued that (i) the judge had applied the wrong legal test by failing to consider and decide whether the appellant had known or ought to had known that there was no reasonable prospect of creditors being paid or of the company avoiding insolvent liquidation; and (ii) that the judge erred in disqualifying the appellant for a period of seven years. The court held, among other things, that the judge did not err in law by failing to apply a ‘legal test’. The court had not considered that that legal test was required by s 6 of the Company Directors Disqualification Act 1986. Further, although a period of seven years was at the upper limit of what could be a reasonable exercise of discretion

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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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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