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27 September 2018
Issue: 7810 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Bankruptcy

Reynard v Fox [2018] EWHC 2141 (Ch), [2018] All ER (D) 51 (Sep)

The Chancery Division dismissed the applicant’s application, under s 304 of the Insolvency Act 1986, for the court’s permission to bring a claim against the respondent former trustee in bankruptcy, alleging negligence in the administration of the bankrupt’s estate. The court held, among other things, that the claim lacked particularity, that applicant had filed no evidence in support of his application, and that the question had already been raised in original proceedings brought by the applicant under s 303 of the Act, which had failed.

Confidential information

Buccioni v Banca d’Italia (Banca Network Investimenti SpA, in liquidation) C-594/16, [2018] All ER (D) 37 (Sep)

Article 53(1) of Directive (EU) 2013/36 had to be interpreted as not precluding the competent authorities of the member states from disclosing confidential information to a person who so requested, in order to be able to institute civil or commercial proceedings with a view to protecting proprietary interests which were prejudiced as a result of the compulsory

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
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 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
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
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
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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