‘A Liverpool firm has lost its legal fight against two former directors who left to form their own business. The Court of Appeal ruled this week that CEL Solicitors had no basis for alleging that Thomas Blanchfield and Mark Montaldo had breached their fiduciary duty before resigning in 2023.’
Law Society's Gazette, 6th November 2024
Source: www.lawgazette.co.uk
‘The Court of Appeal has opened the door to billions of pounds worth of claims for mis-sold motor finance after finding dealers in breach of their fiduciary duty to customers.’
Legal Futures, 28th October 2024
Source: www.legalfutures.co.uk
‘A City law firm will be able to fully defend itself from serious allegations in the High Court after a judge held that its former clients cannot claim legal professional privilege (LPP) because of the iniquity exemption.’
Legal Futures, 29th August 2024
Source: www.legalfutures.co.uk
‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’
Pensions Barrister, 13th June 2024
Source: www.pensionsbarrister.com
‘A new ruling has confirmed that there are only limited circumstances in which British energy suppliers could be held liable for any failings by a broker to meet duties it owes customers pertaining to commission arrangements, experts have said.’
OUT-LAW.com. 3rd April 2024
Source: www.pinsentmasons.com
‘An impecunious defendant seeking to stay an action because they cannot afford legal representation must show they are trying to rectify the situation, a High Court master has said.’
Legal Futures, 21st March 2024
Source: www.legalfutures.co.uk
‘James McCreath of Wilberforce Chambers comments on the recent FMLC report on pension trustees and fiduciary duties.’
Pensions Barrister, 29th February 2024
Source: www.pensionsbarrister.com
‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, comments on the decision by the Supreme Court in London Borough of Merton Council v Nuffield Health [2023] UKSC 18. The issue before the Supreme Court was whether Nuffield Health is entitled to mandatory relief from non-domestic rates in respect of its occupation of its members-only gym under the Local Government Finance Act 1988.’
UKSC Blog, 3rd January 2024
Source: ukscblog.com
‘Lord Sales, The Interface Between Contract and Equity – Equity Conference 2023’
Supreme Court, 19th December 2023
Source: www.supremecourt.uk
‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’
Pensions Barrister, August 2023
Source: www.pensionsbarrister.com
‘Nuffield Health is a registered charity. Its purposes are “to advance, promote and maintain health and healthcare of all descriptions and to prevent, relieve and cure sickness and ill health of any kind, all for the public benefit.” It pursues its purposes primarily through the provision of gym facilities, including the gym at Merton Abbey. It also operates private hospitals and clinics. The facilities at Merton Abbey are mainly restricted to fee-paying members. In April 2019, the standard membership fee was £80 per month. Nuffield also offers certain limited services to non-members of the gym. S.43(5) and (6)(a) Local Government Finance Act 1988 mandates an 80 per cent relief from business rates where “the ratepayer is a charity or trustees for a charity” and the premises are “wholly or mainly used for charitable purposes (whether of that charity or of that and other charities)”. Nuffield Health claimed the mandatory relief under s.43(5) and (6)(a) from 1 August 2016, when it acquired the Merton Abbey gym.’
Law & Religion UK, 8th June 2023
Source: lawandreligionuk.com
‘A judge has dismissed a claim that national firm Slater and Gordon was passed confidential information which caused it to chop £63m off the price of an acquisition.’
Law Society's Gazette, 15th May 2023
Source: www.lawgazette.co.uk
‘Most of us have experienced the sense of frustration and helplessness when losing a purse or wallet. Imagine your wallet was digital, and contained $4 billion in assets. Now imagine the device which held your wallet containing $4 billion in assets was hacked, and your assets disappeared into the ether.’
3PB, 2nd March 2023
Source: www.3pb.co.uk
‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’
OUT-LAW.com, 10th October 2022
Source: www.pinsentmasons.com
‘This appeal raised questions of considerable importance for company law. It provides the first opportunity for the Supreme Court to consider the existence, content and engagement of the so-called “creditor duty”: the alleged duty of company directors to consider, or to act in accordance with, the interests of the company’s creditors when the company becomes insolvent, or when it approaches, or is at real risk of, insolvency.’
UKSC Blog, 5th October 2022
Source: ukscblog.com
‘The universe of socially responsible or “ethical” investments has been expanding exponentially in recent years.’
Wilberforce Chambers, 18th July 2022
Source: www.wilberforce.co.uk
‘In this post, Amy Wilkinson, a senior associate in CMS’ financial crime team, comments on the decision of the UK Supreme Court in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49. On 3 November 2021, the Supreme Court unanimously dismissed the appeal and ruled in favour of Aquila Advisory Ltd. The decision concerns attribution of directors’ criminal actions and who should have priority over assets derived from their criminal schemes.’
UKSC Blog, 4th May 2022
Source: ukscblog.com
‘The claim related to an opportunity to develop a Jaguar Land Rover (JLR) dealership in Wolverhampton (the Wolverhampton Opportunity), which the claimants alleged was lost due to the negligence of the defendant solicitors.’
Hailsham Chambers, 8th October 2021
Source: www.hailshamchambers.com
‘A cautionary tale of a Tribunal appointed manager behaving badly and a reminder that the appointed manager’s duty is to carry out what is in the order appointing them, and that they answer to the Tribunal as an officer of the Tribunal.’
Nearly Legal, 30th August 2021
Source: nearlylegal.co.uk
‘In Burnell v Trans-Tag Ltd & Anor [2021] EWHC 1457 (Ch) Mr Greenbank (sitting as a Deputy Judge of the High Court) was asked to determine whether, and if so to what extent, a director’s fiduciary duties survive the termination of the directorship. The essential part of the judgment on this point is at paragraph 391 to 410. The Defendants in this case were represented by Richard Leiper QC and Charlotte Davies, instructed by Clyde & Co LLP.’
Littleton Chambers, 24th June 2021
Source: littletonchambers.com
© Inner Temple Library 2024