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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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