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Weekly law digests

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

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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