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Bloomsburry Family law

Commercial

Attorney-General’s Reference (No 106 of 2002) Sub Nom R v Nigel Robert Hall

Criminal Procedure - Sexual offences - Sexual intercourse with a girl under 13 years old - Defendant instigated the meetings and intercourse - No condom used - Defendant would have continued if not discovered by victim’s brother - Sentence of 12 months unduly lenient - Sentencing Advisory Panel guidelines relevant - Sentence of two and a half years appropriate

Re Swissair Schweizerische Luftverkehr-Aktiengesellschaft; Flightline Ltd v Edwards [2002] EWCA Civ 63

Company Law - Insolvency - Freezing order - Security interest - Claimant issued proceedings against insolvent company and obtained freezing order - Freezing order discharged by consent after money paid into joint account of parties’ solicitors subject to undertaking not to dispose of or deal with funds pending further order or agreement - Company compulsorily wound up and claimant sought leave to continue proceedings - Claimant not secured creditor to extent of funds in joint account and not entitled to leave to continue action - Freezing order did not create security - Security interest over fund only created by obligation to meet debt out of fund - Consent orders providing for continuation of interim protection of freezing nature did not create security - Insolvency Act 1986, s 130(2)

Dexter Ltd (in administrative receivership) v Vlieland-Boddy [2003] EWCA Civ 14

Civil Procedure - Company Law - Company took proceedings against director for misappropriation of funds - Director abandoned defence and company obtained judgment - Company issued proceedings against others allegedly involved in fraudulent scheme and receipt of money - Further proceedings against other defendants not abuse of process - Application by defendants to strike out rightly dismissed

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