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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

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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

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MOVERS & SHAKERS

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Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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