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22 March 2019
Issue: 7833 / Categories: Case law , In Court , Law digest
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Weekly law digests

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Company

Re Peak Hotels and Resorts Ltd; Crumpler and another (joint liquidators of Peak Hotels and Resorts Ltd) v Candey Ltd [2019] EWCA Civ 345, [2019] All ER (D) 48 (Mar)

The appellant liquidators’ appeal succeeded, in a dispute concerning the valuation of sums owed to the respondent solicitors following the liquidation of a company for which the solicitors had carried out work. The Court of Appeal held that the judge’s approach to the construction of the Insolvency Act 1986 (IA 1986) and its application to the present case could not stand. The whole concept of provision of services in return for a fixed fee had to be disregarded in the present case, because such a concept was incompatible with the exercise which IA 1986 s 245(6) required to be performed.

Contract

Harcus Sinclair LLP and another v Your Lawyers Ltd and another [2019] EWCA Civ 335, [2019] All ER (D) 58 (Mar)

The judge had taken into account matters that he should not have taken into account in applying the relevant

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MOVERS & SHAKERS

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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
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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