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12 May 2023
Issue: 8024 / Categories: Case law , In Court , Law digest
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Law digests: 12 May 2023

Company

Re AGPS BondCo plc [2023] EWHC 916 (Ch), [2023] All ER (D) 58 (Apr)

The Chancery Division approved a restructuring plan. The plan concerned a company incorporated in England and Wales, which was part of a group whose business consisted of the purchase, management and development of income-producing, multi-family residential real estate in Germany. The court held that the relevant class, namely, the 2029 plan creditors, would be no worse off under the plan than they would have been under the relevant alternative. The court would exercise its discretion to make the order sought.


Debt

CRF I Ltd v Banco Nacional De Cuba and another [2023] EWHC 774 (Comm), [2023] All ER (D) 53 (Apr)

The Commercial Court ruled on a challenge to jurisdiction under CPR 11 brought by the defendants. The first defendant, a national bank, took out loans from commercial banks in the 1980s. The second defendant, the Republic of Cuba, acted as guarantor. The first defendant defaulted on repayments. The dispute involved a sovereign debt claim of over €70m by the claimant, against the principal

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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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