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Weekly law digests

15 November 2018
Issue: 7817 / Categories: Case law , Law digest , In Court
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Administration

Wagner v White [2018] EWHC 2882 (Ch), [2018] All ER (D) 16 (Nov)

The appellant failed in respect of his appeals against the dismissal of his application to set aside two statutory demands that were based on personal guarantees he had given concerning loans made to his company (the company), which eventually went into administration. Among other things, the Chancery Division held that there was no genuine triable issue that the respondent, concerned with one of the statutory demands, had caused the company to go into administration, as alleged, and no realistic prospect of the appellant establishing that he had.

Confidential information

ABC and others v Telegraph Media Group Ltd [2018] EWCA Civ 2329, [2018] All ER (D) 14 (Nov)

The judge had erred in refusing the interim injunction sought by the claimant companies and senior executive, relating to the defendant newspaper’s intention to publish confidential information connected with allegations of discreditable conduct by the senior executive that had been compromised by settlement agreements with five employees. Accordingly, the Court of Appeal, Civil Division,

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
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
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