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13 October 2017
Issue: 7765 / Categories: Case law , Law digest , In Court
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Contract

Secure Capital SA v Credit Suisse AG [2017] EWCA Civ 1486, [2017] All ER (D) 54 (Oct)

The trial judge had been correct in granting summary judgment to the respondent in respect of the appellant’s claim for damages for breach of contract against the respondent in respect of alleged misleading information regarding the appellant’s interest in the notes. The Court of Appeal Civil Division held that both general principles of English law and the express provisions governing the Notes left no room for anyone other than Bank of New York Mellon, as common depositary to have directly enforceable contractual rights against the respondent unless there was default in the payment of principal (which had not occurred).

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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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