Company
London Capital & Finance plc (in administration) v London Capital Marketing Ltd [2020] EWHC 2028 (Ch), [2020] All ER (D) 153 (Jul)
The petitioner company successfully applied for the winding up of the respondent company on the basis that the respondent was unable to pay its debts as they fell due. In allowing the application, the Chancery Division held that, on the evidence, there was a genuine and substantial dispute only in relation to certain of the payments challenged by the respondent. Accordingly, the petitioner had established that it was a creditor for at least the sum of £386,588.82, and the respondent was unable to pay its debts as they fell due.
Court of protection
A local authority v A [2020] EWCOP 38, [2020] All ER (D) 119 (Jul)
The discharge of a property and affairs deputy who no longer wished to act was not automatic, but an exercise of the court’s discretion. Such discretion would always require to be exercised reasonably and would, inevitably, be influenced by the protected party’s own best interest. The Court of Protection so ruled, concerning