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

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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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MOVERS & SHAKERS

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Sponsored by
Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

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
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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’
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