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Company Law

Analysis - guidance - compliance

05 NOV 2014

Update 115

Update 115

Latest Update Developments

Update 115 includes changes and developments in Chapters 10A, 13, 14, 24B, 28, 31, 49, 51, 52, 54A, 55, 56, 57, 59, 60 and 63.

Update 115 includes a full review of Scottish developments by Gore-Browne on Companies’ Scottish Editor, David Bennett. These focus primarily on the changes emanating from the Insolvency (Scotland) Amendments Rules 2014, which came into force on 30 May 2014. These feature in Chapters 51, 52, 54A, 55, 56, 57, 59 and 60.

John Birds has updated Chapter 10A with, among other things, the 2014 Court of Appeal case, Burry & Knight v Knight(2014) GBC 23 concerning proper purpose.
Dr Deirdre Ahern at Trinity College, Dublin, has amended Chapter 13 and Chapter 14. There have been only minor changes in these chapters, one of the issues in Chapter 13 being the notice to hold a meeting.
Andrew Bretherton, Partner at Candey LLP, has reviewed the introduction to Chapter 24B to integrate more the workings of the Companies Act 2006.

Geoff Fuller, Partner at Allen & Overy LLP, has made significant amendments to the section on trustees in Chapter 28. This can especially be seen in the content concerning duty of care and skill required by trustees, particularly in reference to the 2013 case of Pitt v Holt.

Chapter 31 has yet again had to be reviewed by Professor Gerard McCormack, Centre for Law and Business, University of Leeds, in view of further changes made since Update 114. Among other things, it includes, in the effect of registration on priorities, the 2013 case of Gray v Smith concerning the bona fide purchaser doctrine. Menelaou v Bank of Cyrus plc is also discussed with reference to subrogation to the equitable lien of an unpaid vendor.

Chapter 49 has undergone routine updating by James Stonebridge, Partner at Norton Rose Fulbright.

Chapter 63 has been reviewed by Professor Peter Stone, University of Essex, and discusses non-contractual obligations with the applicable law as most recently seen in Wall v Mutuelle De Poitiers Assurances and Erste v VMZ Red October.
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