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

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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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