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01 October 2021
Issue: 7950 / Categories: Case law , In Court , Law digest
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Law digests: 1 October 2021

Costs

Shah and another v Shah and another [2021] EWHC 1668 (QB), [2021] All ER (D) 102 (Jun)

Where the appellants had rejected the respondents’ Pt 36 offer of £1 in respect of county court proceedings, concerning a family dispute, and where the county court judge had awarded the respondents nominal damages of £10 on their claim, having found that the appellants had breached an agreement between the parties, the Queen’s Bench Division (the court) held that the judge had not erred in making a costs order in favour of the respondents, having found that they were the successful parties, that the purposes of Pt 36 had properly been served and that there had been a genuine basis offered for avoiding litigation. The court held that the judge had taken decisions that had been open to him and that he had not erred in principle or in law.


Damages

Steve Hill Ltd v Witham (as widow and executrix of the estate of Neil Witham (deceased)) [2021] EWCA Civ 1312, [2021]

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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