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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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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