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08 January 2020
Issue: 7869 / Categories: Case law , In Court , Law digest
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Weekly law digests

Company

Tonstate Group Ltd and others v Wojakovski and others [2019] EWHC 3363 (Ch), [2019] All ER (D) 34 (Dec)

Part of the first defendant’s defence that had relied on the Duomatic principle, that the informal approval of all the members of a company was sufficient to ratify a breach of fiduciary duty, would be struck out. The Chancery Division so held in a claim that alleged that the first claimant had extracted funds from a group of companies improperly, and held that the Duomatic principle could not apply to conduct which the company could not lawfully have carried out itself, nor could it apply to ratify payments which it was accepted the company could not lawfully have made.

Contract

Mulville v Sandelson [2019] EWHC 3287 (Ch), [2019] All ER (D) 32 (Dec)

The judge had been correct to find that a settlement agreement between the appellant and the respondent had created an independent obligation on the appellant to pay a sum. The Chancery Division accordingly found that the judge had been correct

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

Bird & Bird—Gordon Moir

Bird & Bird—Gordon Moir

London tech and comms team boosted by telecoms and regulatory hires

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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