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11 August 2023
Issue: 8037 / Categories: Case law , In Court , Law digest
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Law digests: 11 August 2023

Competition

Evans v Barclays Bank PLC and others [2023] EWCA Civ 876, [2023] All ER (D) 138 (Jul)

The Court of Appeal, Civil Division, allowing the appeal, held that the Competition Appeal Tribunal (CAT) had erred in certifying the instant cartel claims on an opt-in basis because the two factors of relevance to the decision were the strength of the claim and practicability, and on those two factors the CAT erred and, accordingly, the order was set aside to the extent that it made an order for opt-in proceedings.


Costs

Chapman v Mid and South Essex NHS Foundation Trust [2023] EWHC 1871 (KB), [2023] All ER (D) 121 (Jul)

The King’s Bench Division ruled on the costs that arose from the claimant’s successful claim for clinical negligence against a hospital. The claimant contended that the defendant should have paid her costs of the claim, in which the defendant argued that there should have been no order for costs, or alternatively, they should only have been ordered to pay a percentage of

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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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