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Law digests: 20 November 2020

18 November 2020
Issue: 7911 / Categories: Case law , In Court , Law digest
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Bank

Banco San Juan Internacional, Inc v Petroleos De Venezuela SA

The claimant bank’s application for summary judgment succeeded, in a case concerning sums allegedly due under two credit agreements. The Commercial Court held that, among other things, the two loan agreements had provided no basis for a suspension of the repayment obligations by the terms of the credit agreements. Further, the rule in Ralli Bros v Compania Naviera Sota y Aznar [1920] All ER Rep 427 did not make the agreements unenforceable.


Contract

Tui UK Ltd v Morgan [2020] EWHC 2944 (Ch), [2020] All ER (D) 56 (Nov)

The appellant travel company’s appeal failed, in proceedings where the claimant had suffered injury after falling over in a dimly-lit area on a package holiday sold by the appellant. The Chancery Division held that the judge had not erred in his findings in relation to the contractual standard of skill and care in respect of lighting the area where the accident had occurred. Further, the judge had been entitled to make

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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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