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22 March 2019
Issue: 7833 / Categories: Case law , In Court , Law digest
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Weekly law digests

Company

Re Peak Hotels and Resorts Ltd; Crumpler and another (joint liquidators of Peak Hotels and Resorts Ltd) v Candey Ltd [2019] EWCA Civ 345, [2019] All ER (D) 48 (Mar)

The appellant liquidators’ appeal succeeded, in a dispute concerning the valuation of sums owed to the respondent solicitors following the liquidation of a company for which the solicitors had carried out work. The Court of Appeal held that the judge’s approach to the construction of the Insolvency Act 1986 (IA 1986) and its application to the present case could not stand. The whole concept of provision of services in return for a fixed fee had to be disregarded in the present case, because such a concept was incompatible with the exercise which IA 1986 s 245(6) required to be performed.

Contract

Harcus Sinclair LLP and another v Your Lawyers Ltd and another [2019] EWCA Civ 335, [2019] All ER (D) 58 (Mar)

The judge had taken into account matters that he should not have taken into account in applying the relevant law to the validity of the non-compete clause as

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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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