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05 August 2020
Issue: 7898 / Categories: Case law , Law digest , In Court
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Law digests: 7 August 2020

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

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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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