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05 August 2022
Issue: 7990 / Categories: Case law , In Court , Law digest
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Law digests: 5 August 2022

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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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