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Law digests: 27 November 2020

26 November 2020
Issue: 7912 / Categories: Case law , In Court , Law digest
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Company

Re Taylor Pearson (Construction) Ltd (in administration) [2020] EWHC 2933 (Ch), [2020] All ER (D) 88 (Nov)

The applicant creditors failed in their application, pursuant to paras 74 and/or 75 of Sch B1 to the Insolvency Act 1986, for the revocation of certain proposals submitted by the administrators which were purported to have been deemed approved. In dismissing the application, the Chancery Division decided that the reasons submitted by the applicants for the revocation of the proposals at issue lacked merit. The court further held that, looking at the position more generally, the administrators had all but completed realising assets and had authority to make a distribution to unsecured creditors and had funds to pay preferential creditors. Accordingly, there was little point in placing the company into liquidation, as proposed by the creditors, even if the earlier findings were wrong.


Competition

AB Volvo (Publ) and others v Ryder Ltd and others [2020] EWCA Civ 1475, [2020] All ER (D) 81 (Nov)

In dismissing the appellants’ appeal, the Court of Appeal, Civil Division, upheld the Competition Appeal Tribunal’s decision, which

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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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