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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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