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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

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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