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05 July 2018
Issue: 7800 / Categories: Case law , Law digest , In Court
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Weekly law digests

Deed

Wessely and another (Joint Liquidators of Laishley Ltd, in Liquidation) v White [2018] EWHC 1499 (Ch), [2018] All ER (D) 128 (Jun)

The applicant liquidators’ claim against the respondent failed. The respondent had executed two deeds of release, by which the employer and employee were released from future performance under a contract. The Chancery Division held that the burden of proof did not lie on the respondent to prove that his actions or omissions had not caused loss to the company, or that the burden of proof should be reduced. Further, there had been no breach of the respondent’s duties.

European Union

MB v Secretary of State for Work and Pensions C-451/16, [2018] All ER (D) 135 (Jun)

Council Directive (EEC) 79/7, in particular the first indent of Art 4(1), read in conjunction with the third indent of Arts 3(1)(a) and 7(1)(a) thereof, should be interpreted as precluding national legislation which required a person who had changed gender not only to fulfil physical, social and psychological criteria but also to satisfy the condition of not being married to a person of the gender that

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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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