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Weekly law digests

27 September 2018
Issue: 7810 / Categories: Case law , Law digest , In Court
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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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