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Weekly law digests

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22 November 2018
Issue: 7818 / Categories: Case law , Law digest , In Court
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Bank

Re Barclays Bank plc and another company [2018] EWHC 2868 (Ch), [2018] All ER (D) 03 (Nov)

Barclays Bank plc (BB) and Barclays Bank Ireland plc (BBI) applied for directions in connection with an application under the Financial Services and Markets Act 2000 (FSMA 2000) for the sanction of a banking business transfer scheme, as part of Barclays’ planning for the continuity of service provision to its clients in the European Economic Area, following Brexit. The Companies Court ruled that an order to transfer the business of Barclays Capital Securities Ltd (an English incorporated subsidiary company in the Barclays Group, which was not authorised to accept deposits), to BBI (an Irish incorporated company in the group) was capable of falling within the jurisdiction of FSMA 2000 s 112(1)(d), because the transfer was capable of being ‘necessary to secure that the scheme is fully and effectively carried out’. Accordingly, the court granted the principal direction sought, which was for the publishing of a notice in a variety of publications.

Boundary

Wellington Properties Ltd v Trustees of

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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
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
NLJ this week: Drawing the line on contempt
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
NLJ this week: Stop and search by the numbers
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
NLJ this week: Looking back on the prorogation that never was
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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