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Contract

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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