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02 June 2020
Issue: 7889 / Categories: Case law , Law digest , In Court
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Law digests: 5 June 2020

Bankruptcy

Gertner and another v CFL Finance Ltd [2020] EWHC 1241 (Ch), [2020] All ER (D) 147 (May)

The judge’s order, refusing the first appellant’s application to stay the hearing of the respondent’s bankruptcy petition and making him bankrupt, had to be set aside. The Chancery Division, in allowing the appellants’ appeals, held that, since the first appellant’s proposal for a voluntary arrangement supported by its largest creditor would, inevitably, be approved and since there was no basis for any suggestion that the good faith rule would cause the creditor’s approval (which was determinative) to be tainted, the judge had exercised his discretion on the basis of immaterial factors.


Child

Re H (a child) (parental responsibility: vaccination) [2020] EWCA Civ 664, [2020] All ER (D) 152 (May)

The judge had been correct to find that the vaccination of a healthy child in care was a matter which a local authority could properly consent to and arrange pursuant to its powers under s 33 of the Children Act 1989

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MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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