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16 January 2020
Issue: 7870 / Categories: Case law , In Court , Law digest
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Weekly law digests

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Bank

Barness and others v Ingenious Media Ltd and others [2019] EWHC 3021 (Ch), [2019] All ER (D) 200 (Oct)

The claimants’ claims against the defendant banks for breach of contract, based on implied terms and for negligence based on duties of care owed in tort concurrent to the contractual duties of care said to have been owed or arising from an assumption of responsibility would be struck out, pursuant to CPR 3.4(2)(a). The Chancery Division further granted summary judgment against the claimants on claims that the banks were vicariously liable for breaches of duty by a firm of independent financial advisers of which each claimant was a client, pursuant to CPR 24.2.

Child

KJC v GRC [2019] EWHC 3170 (Fam), [2019] All ER (D) 199 (Oct)

The father’s application for the summary return of two children to the US, where they were habitually resident and had lived their entire lives, succeeded. The Family Division rejected the mother’s contention that, after she had left the US, the father had acquiesced in her

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MOVERS & SHAKERS

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Sponsored by
Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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