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Law digests: 18 September 2020

16 September 2020
Issue: 7902 / Categories: Case law , Law digest , In Court
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Bank

Stanford International Bank Ltd (in liquidation) v HSBC Bank plc [2020] EWHC 2232 (Ch), [2020] All ER (D) 169 (Jul)

HSBC Bank plc had applied to strike out, or obtain reverse summary judgment under CPR Pt 24 on, two discrete aspects of a claim brought against it by the joint liquidators of Stanford International Bank plc (SIB). The claim alleged: (i) that HSBC had failed in breach of its duty under Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363 to take sufficient care to see that the monies that were being paid out from accounts under its control were being properly paid out (the Quincecare allegation); and (ii) dishonest assistance in relation to breaches of fiduciary duty by SIB’s ultimate beneficial owner. The Chancery Division held that the allegation of dishonest assistance would be struck out: absent an allegation of targeted suspicion and of a deliberate decision not to look, the copious allegations made against HSBC did not amount, singularly or cumulatively, to allegations that could properly be characterised

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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