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27 September 2018
Issue: 7810 / Categories: Case law , Law digest , In Court
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Weekly law digests

Bankruptcy

Reynard v Fox [2018] EWHC 2141 (Ch), [2018] All ER (D) 51 (Sep)

The Chancery Division dismissed the applicant’s application, under s 304 of the Insolvency Act 1986, for the court’s permission to bring a claim against the respondent former trustee in bankruptcy, alleging negligence in the administration of the bankrupt’s estate. The court held, among other things, that the claim lacked particularity, that applicant had filed no evidence in support of his application, and that the question had already been raised in original proceedings brought by the applicant under s 303 of the Act, which had failed.

Confidential information

Buccioni v Banca d’Italia (Banca Network Investimenti SpA, in liquidation) C-594/16, [2018] All ER (D) 37 (Sep)

Article 53(1) of Directive (EU) 2013/36 had to be interpreted as not precluding the competent authorities of the member states from disclosing confidential information to a person who so requested, in order to be able to institute civil or commercial proceedings with a view to protecting proprietary interests which were prejudiced as a result of the compulsory

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

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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