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30 June 2017
Issue: 7752 / Categories: Case law , Law digest , In Court
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Practice

Re Mason & Sons Ltd (in creditors’ voluntary liquidation); Richardson and another v White and another [2017] EWHC 1512 (Ch), [2017] All ER (D) 141 (Jun)

The Companies Court considered whether a trial should go ahead in respect of a claim brought by the joint liquidators of a company in creditors’ voluntary liquidation against the respondent former administrators, and subsequently, former liquidators, of the company.

By their claim, the current liquidators of the company sought a declaration that the respondents had misapplied, retained, or become accountable for, money or other property of the company, and/or were guilty of misfeasance, breach of fiduciary or other duty in relation to the company. The respondents denied that there had been dishonesty on their part and the first respondent sought to settle the claim.

The court ruled, among other things, that, in respect of the first respondent, an order would be made that reflected the offers he had made, which gave to the applicants everything they claimed in the proceedings. However, on the terms of those offers, there would be no

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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