header-logo header-logo

Law digests: 1 & 8 January 2021

08 January 2021
Issue: 7915 / Categories: Case law , In Court , Law digest
printer mail-detail

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 UK.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll