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Weekly law digests

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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