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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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