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05 March 2010 / Gemma Crawford
Issue: 7407 / Categories: Features , Commercial
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Majority rule?

A recent Court of Appeal judgment in Enviroco Limited v Farstad Supply A/S [2009] EWCA Civ 1399, [2009] All ER (D) 206 (Dec) initially caused some consternation in legal and banking circles.

A recent Court of Appeal judgment in Enviroco Limited v Farstad Supply A/S [2009] EWCA Civ 1399, [2009] All ER (D) 206 (Dec) initially caused some consternation in legal and banking circles.

The Court of Appeal overturned a decision reached by the High Court at first instance concerning whether a company was a “subsidiary” for the purposes of the Companies Act 1985 (the 1985 Act) in circumstances in which its holding company charged the shares it held in the subsidiary to a bank. We understand that an application has been made to the Supreme Court for leave to appeal the decision but no hearing date has yet been set.

Practically, this will only affect subsidiary companies; (i) that have more than one shareholder, or; (ii) in respect of which the controlling shareholder has acquired controlling rights (whether relating to the majority of the

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MOVERS & SHAKERS

Cripps—Radius Law

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Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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’
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
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