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29 May 2019
Issue: 7842 / Categories: ln court , Law digest
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Weekly law digests

Company

Re Sturgeon Central Asia Balanced Fund Ltd (in liquidation) [2019] EWHC 1215 (Ch), [2019] All ER (D) 96 (May)

The applicant provisional liquidators’ application for recognition in Great Britain of a company’s liquidation as a ‘foreign main proceeding’ under the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) succeeded. The Chancery Division held that s 161 of the Bermuda Companies Act 1981 could fairly be described as a ‘law relating to insolvency’, as per Art 2(g) of the UNICTRAL model law. It was clearly right that a winding up on just and equitable grounds could qualify for recognition in circumstances where the entity was insolvent.

Contract

116 Cardamon Ltd v MacAlister and another [2019] EWHC 1200 (Comm), [2019] All ER (D) 97 (May)

The claimant company’s claim succeeded, in part, in a dispute concerning the valuation of a company that it had acquired through a share purchase agreement. The Commercial Court held that there had been breaches of warranty regarding certain of the company’s accounts. Among other things, the accounts had underrated the company’s liability

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’
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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