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Quasi-Partnerships in Public Companies
View PDF Authors: Daniel Lightman QC, Max Marenbon,

Can a listed public company ever be a quasi-partnership?  Yes, say Daniel Lightman QC and Max Marenbon in an article published in the recent ThoughtLeaders 4 Disputes Magazine Issue 5 'Companies and Shareholders in the Spotlight'. 

To read their article, please click here.

View the full magazine here.

Liquidators: A duty to deal with trust assets?
View PDF Authors: Lance Ashworth QC, Wilson Leung,

Lance Ashworth QC and Wilson Leung, new member of Serle Court, have co-authored an article - ‘Liquidators: A duty to deal with trust assets?’ - in the recently published CMI International Insolvency & Restructuring Report 2022/23.

The article considers the issue often faced by the liquidator of a company on how to deal with property held on trust by the company and whether there is a duty under English law.

Click here to view the article.

The International Insolvency & Restructuring Report is the leading global guide to the insolvency and restructuring marketplace. This 6th edition includes a Foreword by John Martin, Chair of the International Insolvency Institute.

Re Klimvest Plc: practical impact of new substratum winding-up decision explained
View PDF Authors: Daniel Lightman QC, Max Marenbon,

For litigators and corporate lawyers considering the impact on their clients of Re Klimvest Plc [2022] EWHC 596 (Ch), where the High Court granted a minority shareholder’s petition to wind up a listed plc on the ground of “loss of substratum” under section 122(1)(g) of the Insolvency Act 2006, Daniel Lightman QC and Max Marenbon have published a short analysis on LexisPSL. Their analysis covers the background to the case, the court’s reasoning and the practical implications for minority shareholders, company boards and those advising them. 

Daniel Lightman QC and Max Marenbon represented the successful petitioner in Re Klimvest Plc [2022] EWHC 596 (Ch), instructed by Tamar Halevy of Marriott Harrison LLP.

To read their article, please click here.

Difficulties of summary determination of oral contract and unjust enrichment claims (Richards v Kulczyk)
Authors: Tim Benham-Mirando,

Paul Adams and Tim Benham-Mirando recently appeared for the successful respondent in Richards v Kulczyk & Ors [2022] EWHC 863 (Ch). Tim has drafted the following article on the practical implications of the case, and why it is of interest to practitioners. 

Read the article on LexisNexis here.

Underhill and Hayton Law of Trusts and Trustees 20th edition
Authors: Prof Jonathan Harris QC (Hon.), Sinéad Agnew,

We are delighted to announce that the 20th edition of Underhill and Hayton, Law of Trusts and Trustees has now been published. Serle Court barrister Prof. Jonathan Harris QC (Hon.) and associate member of chambers, Dr Sinéad Agnew are co-authors of the book (along with HHJ Paul Matthews and Prof. Charles Mitchell).

First published in 1878, Underhill and Hayton is widely recognised as one of the leading practitioner texts in its field.

To view further details of the new edition, please click here.

Pugachev five years on: were the trusts really bare trusts?
Authors: Paul Adams,

Paul Adams has written an article taking a new look at the use of a "True Effect of the Trusts" analysis to give creditors access to trust assets. The Article has been published in Trusts & Trustees.

The article is available to subscribers of Trust and Trustees and can be accessed here.

ICC FraudNet Global Annual Report 2022: The Ever-Evolving Nature of Fraud and Financial Crime
Authors: Hugh Norbury QC, Dan McCourt Fritz,

Hugh Norbury QC and Dan McCourt Fritz have contributed an article to the ICC FraudNet Global Annual Report 2022. This year's report focuses on The Ever-Evolving Nature of Fraud and Financial Crime: International Insights and Solutions.  The article titled 'The Honest Forger and the Importance of Crying Foul: Insights on Forgery in English Law' can be found at pp. 206-211 in Part Seven of the report which focuses on 'Forgery'.

This report is edited by Dr Dominic Thomas-James.

The report can be accessed here.

LLPs and Derivative Actions: Homes for England v (1) Nick Sellman (Holdings) Ltd (2) Bromham Road Development LLP [2020] EWHC 936 (Ch)
View PDF Authors: Gregor Hogan,

Gregor Hogan discusses ‘LLPs and Derivative Actions: Homes for England v (1) Nick Sellman (Holdings) Ltd (2) Bromham Road Development LLP [2020] EWHC 936 (Ch)’. The judgment, by Zacaroli J, confirmed that the test to be applied in determining whether to grant permission for a member to continue a derivative claim on behalf of an LLP is the common law test in Foss v Harbottle not that contained in the Companies Act 2006.

Furlough and Administration: In the matter of Carluccio’s Limited [2020] EWHC 886 (Ch)
View PDF Authors: Gregor Hogan,

Gregor Hogan discusses Furlough and Administration: In the matter of Carluccio’s Limited [2020] EWHC 886 (Ch).