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02 February 2018
Issue: 7779 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Bankruptcy

Gendrot v Chadwick and another (joint trustees in bankruptcy of Edward Hagan) [2018] EWHC 48 (Ch) [2018] All ER (D) 91 (Jan)

A district judge had correctly held, in favour of the trustees in bankruptcy of the husband, that a transfer of his beneficial ownership or interest in two residential properties to his wife amounted to a transaction at an undervalue, within the meaning of s 339 of the Insolvency Act 1986. The Chancery Division, in dismissing the wife’s appeal against the district judge’s order, held, among other things, that the reassurance she had given to the husband that he could continue to see her and his son on regular occasions had not amounted to valuable consideration, because no right to it had been conferred. Further, there were no exceptional circumstances to justify the sale of the properties being postponed or stayed.

Employment

Walters v Avanta Enterprise Ltd [2018] All ER (D) 24 (Jan) UKEAT/0127/17

The Employment Appeal Tribunal (EAT) allowed, in part, an appeal by an employee of Afro-Caribbean origin against the employment

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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