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Law digests: 1 & 8 January 2021

08 January 2021
Issue: 7915 / Categories: Case law , In Court , Law digest
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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.

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MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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