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08 October 2020
Issue: 7905 / Categories: Case law , In Court , Law digest
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Law digests: 9 October 2020

Company

Ciban Management Corp v Citco (BVI) Ltd and another (British Virgin Islands) [2020] UKPC 21, [2020] All ER (D) 175 (Jul)

The defendants, the director and the registered agent of the claimant company, had not breached the tortious duty of care owed to the claimant company, by issuing a power of attorney, without informing the ultimate beneficial owner, in order to sell land belonging to the claimant. In so holding, the Privy Council highlighted that the ultimate beneficial owner, who chose to hide his position from public view, took the risk of being betrayed by an agent who was being used to convey instructions to the director. Although there might be claims by the ultimate beneficial owner against the agent, the ultimate beneficial owner could not throw the risk taken onto the director by instigating an action by the company against the director for breach of the director’s duty of care.


European Union

A v B and another C-738/19, [2020] All ER (D) 62 (Sep)

Articles 3(1) and (3) and 4(1) of Council Directive (EEC) 93/13 should be interpreted

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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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