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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Liquidators and creditors of insolvent companies will be breathing a collective sigh of relief at the recent Supreme Court judgment in Jetivia v Bilta, where it held that the illegality defence was not available where a company, through its liquidators, was making claims against the directors for breaches of their duties to the company. In some ways the result was not that surprising, but should it have gone the other way, it would have deprived liquidators of a well-used weapon in their armoury for bringing claims against directors who have defrauded a company on its way to insolvency.
In the case of Davis Solicitors LLP v Raja and another [2015] EWHC 519, the High Court dismissed an appeal against the refusal of relief from sanctions for failing to file an appeal bundle.
The Deregulation Act 2015 received Royal Assent on 26th March 2015, and sparks important changes to deposit protection legislation. Here we provide a summary of the changes and what they mean for you.
Where disproportionate costs had been claimed in relation to interim applications, the costs likely to be recoverable on a detailed assessment were assessed conservatively.
The appellant firm of solicitors (B) appealed a decision that it had breached its fiduciary duty as a trustee. The respondents (C) had invested in a property investment scheme operated by a single purpose company (X). The offering documents consisted largely of two emails from X. C paid the investment monies into B's client account. B acted for X. B used most of the money to reduce X's short-term bank borrowing.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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