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20 September 2018
Issue: 7809 / Categories: Case law , Law digest , In Court
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Weekly law digests

Company

Autogas (Europe) Ltd (in liquidation) v Ochocki and others [2018] EWHC 2345 (Ch), [2018] All ER (D) 21 (Sep)

A claim made by the claimant company, which was in liquidation, against the defendants failed, in a dispute concerning alleged dishonest assistance in the commission of a fraud. The Chancery Division held that, on the evidence, none of the defendants gave the general impression of having been dishonest.

Costs

London Borough of Lambeth v MCS and another [2018] EWCOP 20, [2018] All ER (D) 18 (Sep)

The circumstances of the case were so poor and so extreme (both in relation to institution of proceedings and their subsequent conduct) that an order for the costs of the proceedings should be borne by the applicant and second respondent. The Court of Protection so ruled, despite the fact that proceedings brought in the Court of Protection almost never attracted an enquiry into the issue of costs.

Elections

R (on the application of the Good Law Project) v Electoral Commission [2018] EWHC 2414 (Admin), [2018] All ER (D)

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MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
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
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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