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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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