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Law Digests: 14 October 2022

14 October 2022
Issue: 7998 / Categories: Case law , In Court , Law digest
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Employment

108 Medical Ltd v Millar [2022] EWHC 2303 (KB), [2022] All ER (D) 04 (Oct)

The King’s Bench Division held that the claimant company had proved that the defendant (an accountant and former employee of the claimant) had made, and received, sums of money from the claimant that had exceeded those that he had been contractually entitled to. The defendant had argued that the relevant payments had either all been accounted for by means of salary sacrifice, and/or that they had been separately agreed with the then majority shareholder and ‘guiding force’ of the claimant, without any change to the defendant’s contract of employment or any other memoranda or paperwork being created regarding the same. The court ruled that: (i) the defendant’s remuneration package was as set out in his contract of employment; (ii) the court had not been taken to any documentary evidence to demonstrate that that contract had ever been varied; (iii) on the facts, the tort of conversion was complete and the defendant was liable to repay the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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