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Law digests: 26 May 2023

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

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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