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05 March 2010 / Gemma Crawford
Issue: 7407 / Categories: Features , Commercial
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Majority rule?

A recent Court of Appeal judgment in Enviroco Limited v Farstad Supply A/S [2009] EWCA Civ 1399, [2009] All ER (D) 206 (Dec) initially caused some consternation in legal and banking circles.

A recent Court of Appeal judgment in Enviroco Limited v Farstad Supply A/S [2009] EWCA Civ 1399, [2009] All ER (D) 206 (Dec) initially caused some consternation in legal and banking circles.

The Court of Appeal overturned a decision reached by the High Court at first instance concerning whether a company was a “subsidiary” for the purposes of the Companies Act 1985 (the 1985 Act) in circumstances in which its holding company charged the shares it held in the subsidiary to a bank. We understand that an application has been made to the Supreme Court for leave to appeal the decision but no hearing date has yet been set.

Practically, this will only affect subsidiary companies; (i) that have more than one shareholder, or; (ii) in respect of which the controlling shareholder has acquired controlling rights (whether relating to the majority of the

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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