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Weekly law digests

06 December 2018
Issue: 7820 / Categories: Case law , Law digest , In Court
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Company

Global Corporate Ltd v Hale [2018] EWCA Civ 2618, [2018] All ER (D) 146 (Nov)

The judge had erred in concentrating on the intention or state of mind of the directors when authorising disputed payments as dividends, rather than on the payments themselves, where the claimant was seeking to recover money paid as dividends by a company to the respondent company director. Accordingly, the Court of Appeal, Civil Division, allowed the claimant’s appeal and also gave guidance on the correct approach to the questioning of witnesses by a trial judge.

Disclosure & inspection of documents

Sotheby’s v Mark Weiss Ltd and others [2018] EWHC 3179 (Comm), [2018] All ER (D) 135 (Nov)

The application of the first defendant company for inspection of certain documents succeeded, in a dispute concerning the sale of an allegedly counterfeit painting. The Commercial Court held that the correspondence, which was between the claimant auction house and two art experts, had not been brought into existence for the ‘dominant purpose’ of being used in contemplated litigation and hence would

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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