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17 July 2009
Issue: 7378 / Categories: Case law , Law digest
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Financial services & markets

Re Names at Lloyd’s for 1992 and prior years of account represented by Equitas Ltd Re Equitas Insurance Ltd (formerly Speyford Ltd) [2009] EWHC 1595 (Ch); [2009] All ER (D) 73 (Jul)

The court’s power, conferred by s 111 of the Financial Services and Markets Act 2000, to sanction a business transfer scheme was subject to a number of jurisdictional threshold conditions set by Pt VII of the 2000 Act, namely: (i) the scheme had to be a business transfer scheme; (ii) the ‘requirements’ imposed by s 108(1), to be found in the Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001, SI 2001/3625, had to be complied with save and to the extent that the court had waived them; (iii) by s 109(1), there had to be a report on the terms of the scheme by a person fulfilling the qualifications set out in s 109(2) and the report had to be in a form approved by the Financial Services Authority; and (iv) by s 111(2), the court had to be satisfied that the appropriate certificates had been obtained

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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