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12 September 2014
Issue: 7621 / Categories: Case law , Law digest , In Court
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Company

Top Brands Ltd and another v Sharma and another [2014] EWHC 2753 (Ch), [2014] All ER (D) 32 (Aug)

The claimant companies sought relief, under s 212 of the Insolvency Act 1986, for the first defendant’s misapplication of a company’s funds while acting as its liquidator. The Chancery Division, in allowing the claim, held that the first defendant had acted in breach of the duty implicit in s 107 of the 1986 Act and had acted negligently in paying out the funds. Further, the first defendant’s defences, including under s 1157 of the Companies Act 2006 and the illegality of the company’s conduct were rejected, as her conduct had not been reasonable and the illegality defence did not arise in the circumstances.

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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