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Law digests: 10 September 2021

10 September 2021
Issue: 7947 / Categories: Case law , In Court , Law digest
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Company

Primeo Fund (in official liquidation) v Bank of Bermuda (Cayman) Ltd and another (Cayman Islands) [2021] UKPC 22, [2021] All ER (D) 33 (Aug)

The appellant (Primeo), a Cayman Islands company in official liquidation which carried on business as an open-ended mutual investment fund, successfully appealed in relation to losses suffered as a result of the fraudulent Ponzi scheme operated by Bernard Madoff, through his company (BLMIS) from the respondents, who Primeo contended had breached their duties as its administrator and custodian. The Privy Council held that the transfer to another company of Primeo’s rights in the BLMIS investments had not had the effect of removing Primeo’s rights to claim against the respondents in respect of its investments in BLMIS. Further, the CA had erred in holding that the common wrongdoer requirement was satisfied in relation to the respondents.


Contract

Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40, [2021] All ER (D) 40 (Aug)

In a claim for the payment of commission by the appellant

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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
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