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02 June 2020
Issue: 7889 / Categories: Case law , Law digest , In Court
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Law digests: 5 June 2020

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

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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