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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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