*/
Practice – Summary judgment. The claimant Middle Eastern banks (the banks) claimed that the first defendant had falsely claimed to have an irrevocable power of attorney from them and had purportedly entered into partnerships, governed by English law, under which the relevant bank was the general partner and he was the limited partner, which he had then registered with the Registrar of Companies (the Registrar). They alleged that he had then used the certificate of registration as an instrument of fraud. The Chancery Division granted the banks summary judgment, holding that the first defendant had no real prospect of successfully defending the claims. However, the court declined to order the Registrar to delete the registration of the limited partnerships, holding that notwithstanding the circumstances which had led to the registration, once the certificate of registration had been issued, that was conclusive evidence that a limited partnership had come into existence, for the purposes of s 8C(4) of the Limited Partnerships Act 1907. The principle that fraud unravelled all was not a sufficient basis to go behind the conclusive evidence provision in s 8C of the Act.
Practice – Summary judgment. The claimant Middle Eastern banks (the banks) claimed that the first defendant had falsely claimed to have an irrevocable power of attorney from them and had purportedly entered into partnerships, governed by English law, under which the relevant bank was the general partner and he was the limited partner, which he had then registered with the Registrar of Companies (the Registrar). They alleged that he had then used the certificate of registration as an instrument of fraud. The Chancery Division granted the banks summary judgment, holding that the first defendant had no real prospect of successfully defending the claims. However, the court declined to order the Registrar to delete the registration of the limited partnerships, holding that notwithstanding the circumstances which had led to the registration, once the certificate of registration had been issued, that was conclusive evidence that a limited partnership had come into existence, for the purposes of s 8C(4) of the Limited Partnerships Act 1907. The principle that fraud unravelled all was not a sufficient basis to go behind the conclusive evidence provision in s 8C of the Act.
Looking back on a year as Chair of the Bar
AlphaBiolabs supports vulnerable children and families with its annual ‘12 Days of Christmas’ campaign
By David Cosway (with the help of ChatGPT)
Due to advances in research, technology and techniques, AlphaBiolabs can now offer alcohol testing for head hair samples that are just 1cm in length
With the explosion of interest in governance and the growing need to be multi-skilled to keep career options open, adding an extra string to your bow is not without its merits. The Chartered Governance Institute UK & Ireland (CGIUKI) Fast Track for the Chartered Governance Qualifying Programme could be ideal for experienced professionals to reach chartered governance status
The 2023-24 COMBAR mentoring scheme for underrepresented groups is now open for applications - deadline extended to 12 October 2023
The North Eastern Circuit Leader on his trailblazing career, turbulent early years of practice and his mission to equip all barristers, regardless of their characteristics, with the opportunity to thrive. Interview by Glenn Parsons
From a CPS pupillage to Director of Legal Services at one of the largest prosecutors in England and Wales Michael Jennings describes the interesting and varied life an employed barrister in public service can lead
In 2022 Behind the Gown asked the Bar Standards Board to acknowledge online misogyny and sexism. One year on, the regulator’s revised Social Media Guidance doesn’t go far enough in confronting this issue, say Stephanie Hayward and Charlotte Proudman
Growing your junior practice via international conference and how to fund the trip: Daria Gleyze, Emile Simpson and Sajid Suleman share what they gained from the ChBA BVI Conference
Countering the gatekeeper agenda, troubling news on earnings disparities, spreading best practice in chambers, Pro Bono Week 2023, and the Rules of War
