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08 January 2021
Issue: 7915 / Categories: Case law , In Court , Law digest
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Law digests: 1 & 8 January 2021

Contract

Joanne Properties Ltd v Moneything Capital Ltd and another [2020] EWCA Civ 1541, [2020] All ER (D) 44 (Dec)

In allowing the appellant’s appeal, the Court of Appeal, Civil Division, found that, because negotiations between the parties had taken place ‘subject to contract’, no binding agreement had been made between the parties which could have then been enforced against the appellant. Where negotiations had been carried out ‘subject to contract’, there had to have been a formal contract, or a clear factual basis for inferring that the parties had intended to expunge the ‘subject to contract’ qualification, for there to have been a binding agreement. In the present case, there had been neither.


Extradition

Nika v Douai County Court, France [2020] EWHC 3335 (Admin), [2020] All ER (D) 38 (Dec)

The appellant unsuccessfully appealed against his extradition to France to serve a sentence of five years’ imprisonment for the facilitation of illegal entrants as part of a gang which had organised illegal entry from France to the

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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