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26 November 2020
Issue: 7912 / Categories: Case law , In Court , Law digest
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Law digests: 27 November 2020

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

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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