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Weekly law digests

26 July 2018
Issue: 7803 / Categories: Case law , Law digest , In Court
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Company

LF2 Ltd v Superstone and another [2018] EWHC 1756 (Ch), [2018] All ER (D) 86 (Jul)

LF2 Ltd’s appeal against a deputy judge’s dismissal of its application for an order, under para 74 of Sch B1 to the Insolvency Act 1986, requiring the joint administrators of another company to assign to LF2 a cause of action that the company allegedly had in relation to a claim against its former solicitors (the Firm) was dismissed. The Companies Court held, among other things, that, while the deputy judge had been wrong to conclude on the material before him that the claim against the firm was frivolous and vexatious, it was not open to the present court to allow the appeal, having regard to the terms of LF2’s appellant’s notice. The court considered the procedure to be adopted in relation to an application under para 74, and the attitude an administrator should adopt in relation to the possibility of a claim by a company against a third party.

Divorce

Thum v Thum [2018] EWCA Civ 624, [2018]

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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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