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26 May 2023
Issue: 8026 / Categories: Case law , In Court , Law digest
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Law digests: 26 May 2023

Company

Seneschall v Trisant Foods Ltd (in liquidation) and others [2023] EWHC 1029 (Ch), [2023] All ER (D) 27 (May)

The Chancery Division allowed the claimant’s claim that he had been the victim of a plan, concealed from him, by which the second to fifth defendants had taken control of a company from him. Further, from about June 2020, there had been an unlawful means conspiracy between the second to fifth defendants to exclude the claimant from executive participation in the company’s affairs. A counterclaim, brought by another company that had invested in the company in issue, was dismissed.


Damages

Smout v Wulfrun Hotels Ltd [2023] EWHC 1128 (KB), [2023] All ER (D) 48 (May)

The King’s Bench Division held that no authority had been put before it that abusive or unprofessional conduct by the representative of a defendant company had previously justified a tripling of the conventional interest rate (of 2%) awarded on damages for pain, suffering and loss of amenity. The court ruled that interest on damages was not awarded to punish for poor conduct in defending a

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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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