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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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