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08 October 2020
Issue: 7905 / Categories: Case law , In Court , Law digest
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Law digests: 9 October 2020

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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