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14 March 2008
Issue: 7312 / Categories: Case law , Law digest
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INSOLVENCY

Giles v Rhind [2008] EWCA Civ 118, [2008] All ER (D) 410 (Feb)

The court has jurisdiction to extend the limitation period under s 32(2) of the Limitation Act 1980 to enable a claimant to bring an action based on breach of duty in respect of a transaction allegedly made to defeat the creditors within the meaning of s 423 of the Insolvency Act 1986. For s 32(2) to apply:

(i) there must be the deliberate commission of an act;

(ii) that act must amount to a “breach of duty”; and

(iii) that breach of duty must occur in circumstances in which it is unlikely to be discovered for some time.

If those ingredients are satisfied, then the next step (where the claimant relies on s 32(1)(b)) is to go back to s 32(1)(b) and to identify the facts that are involved in the relevant breach of duty.

After that, those facts can be tested against the right of action relied on in the proceedings. There is no need to show that the right of action was for a breach of duty. All that it is necessary

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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