Restructuring & Insolvency analysis: The case concerned a misfeasance application against a director who had taken no active involvement in the running of the company, seeking to recover losses arising from the actions of those managing the company. While the application succeeded, the judge found that, where liquidators seek to recover losses from a director on the basis that they abdicated their duties, they are subject to a strict requirement to particularise and, where possible, evidence three matters: first, the alleged knowledge the non-active director ought to have had of the company’s affairs had they performed their duties; second, the steps the director should have taken in light of that knowledge; and third, that their failure to act caused the company loss. This level of rigour is required not only where pleadings are ordered, but also where the claim proceeds by application notice and witness evidence only. Written by Jessica Brooke, barrister at Enterprise Chambers.

Dispute Resolution analysis: The Senior Master has issued a Practice Note concerning the misuse of Form N293A. Apparently the form has been used to attempt to transfer County Court Possession Orders against tenants for enforcement to the High Court. This is not what the form is intended for and such practice is not permitted. Where Form N293A is used in relation to possession orders (rather than writs of control against a judgment debtor’s goods) then its use is strictly for enforcement of possession orders against trespassers only.

The personal obligation of the granter of a deed that the deed and the right granted by the deed will be effectual to the grantee. The granter is obliged to make good of any loss or damage suffered by the grantee by reason of (among other things) reduction of the deed, eviction or any defect in title to the granter. The extent of warrandice may be restricted if the granter gives simple warrandice (where the grantor undertakes not to grant any future deed which will conflict with the right granted), or warrandice from fact and deed (where the grantor undertakes that they have not granted and will not grant any deed or do anything which will conflict with the right granted) which provides recourse only against acts or deeds of the granter.

A tradeable security which gives the holder the right, but not the obligation, to buy or sell a specified asset at a specified price on a specified date or dates. A warrant is a kind of derivative—it derives its value from the underlying asset and is a way of obtaining exposures to the value fo the underlying asset without owning it. Warrants are sometimes described as ‘securitised derivatives’—ie derivatives in the form of securities. A warrant is not a debt security and therefore does not have a principal amount, contains no covenant to repay and does not bear interest.

A court order to arrest a person.

A court order sending someone to prison.

A court order authorising someone’s detention.

Under Section 43 of PACE 1984, where the magistrates' court are satisfied that it is reasonably justified, they can authorise the continued detention of a person. The warrant may be authorised to secure or preserve evidence related to the suspected offence, or to seek such evidence by questioning the person.

A court order authorising the petitioning creditor to cite the debtor to appear in court on a stated date to show that grounds for sequestration no longer exist. If the debtor fails to appear or fails to show that they should not be sequestrated, sequestration will be awarded effective from the date the order was granted

the court's authority to serve a document on a party (sheriff court)

The process by which a court document is sealed by the court and approved for service in the sheriff court.

Introduction This Practice Note addresses practical questions concerning statutory consumer rights, manufacturers’ guarantees and extended warranties relating to goods. It explains how these protections interact, who is responsible for claims and the extent to which guarantee or warranty terms may impose conditions or restrictions. The principal statutory framework is the Consumer Rights Act 2015 (CRA 2015). A manufacturer’s guarantee or extended warranty may provide rights in addition to the consumer’s statutory rights against the trader that supplied the goods; it does not replace or reduce those rights. For further information, see Practice Notes: • Consumer Rights Act 2015—goods—Guarantees and extended warranty insurance • Exclusion and limitation of liability—business-to-consumer—Guarantees and warranties operating as exclusion terms • Consumer Rights Act 2015—unfair terms • Consumer remedies and redress This Practice Note addresses the following frequently asked questions: • What is the difference between statutory consumer rights, a manufacturer’s guarantee and an extended warranty? • Can a trader require a consumer to rely on the manufacturer’s guarantee rather than their statutory rights? • Who is responsible for dealing