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Law digests: 9 October 2020

08 October 2020
Issue: 7905 / Categories: Case law , In Court , Law digest
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Company

Ciban Management Corp v Citco (BVI) Ltd and another (British Virgin Islands) [2020] UKPC 21, [2020] All ER (D) 175 (Jul)

The defendants, the director and the registered agent of the claimant company, had not breached the tortious duty of care owed to the claimant company, by issuing a power of attorney, without informing the ultimate beneficial owner, in order to sell land belonging to the claimant. In so holding, the Privy Council highlighted that the ultimate beneficial owner, who chose to hide his position from public view, took the risk of being betrayed by an agent who was being used to convey instructions to the director. Although there might be claims by the ultimate beneficial owner against the agent, the ultimate beneficial owner could not throw the risk taken onto the director by instigating an action by the company against the director for breach of the director’s duty of care.


European Union

A v B and another C-738/19, [2020] All ER (D) 62 (Sep)

Articles 3(1) and

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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