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Law digests: 5 June 2020

02 June 2020
Issue: 7889 / Categories: Case law , Law digest , In Court
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Bankruptcy

Gertner and another v CFL Finance Ltd [2020] EWHC 1241 (Ch), [2020] All ER (D) 147 (May)

The judge’s order, refusing the first appellant’s application to stay the hearing of the respondent’s bankruptcy petition and making him bankrupt, had to be set aside. The Chancery Division, in allowing the appellants’ appeals, held that, since the first appellant’s proposal for a voluntary arrangement supported by its largest creditor would, inevitably, be approved and since there was no basis for any suggestion that the good faith rule would cause the creditor’s approval (which was determinative) to be tainted, the judge had exercised his discretion on the basis of immaterial factors.


Child

Re H (a child) (parental responsibility: vaccination) [2020] EWCA Civ 664, [2020] All ER (D) 152 (May)

The judge had been correct to find that the vaccination of a healthy child in care was a matter which a local authority could properly consent to and arrange pursuant to its powers under s 33 of the Children Act 1989 as it was not an issue that had necessitated an application

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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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