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06 June 2019
Issue: 7843 / Categories: Case law , In Court , Law digest
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Weekly law digests

Company

Re Pantiles Investments Ltd (in liquidation); Pantiles Investments Ltd (in liquidation) and another v Winckler [2019] EWHC 1298 (Ch), [2019] All ER (D) 134 (May)

The respondent former director of the first applicant company in liquidation had knowingly been a party to the use of the company for the purposes of defrauding a bankrupt’s creditors and had been in breach of her duties as director. The Chancery Division, in allowing the company’s liquidator claim against the respondent, further held that ss 21 and 32 of the Limitation Act 1980 disapplied the primary limitation period in relation to a loan, whether that breach was characterised as fraudulent or negligent.

Contempt

Zurich Insurance plc v Romaine [2019] EWCA Civ 851, [2019] All ER (D) 127 (May)

The appellant insurance company’s appeal succeeded, against a decision of a judge of the High Court not to allow it to commence committal proceedings against the respondent. The respondent had issued personal injury proceedings, but had discontinued them after evidence had emerged of him having made false statements.

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

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

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
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
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
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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