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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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