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Law digests: 22 January 2021

20 January 2021
Issue: 7917 / Categories: law reports , In Court , Law digest
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Bank

Fine Care Homes Ltd v National ­Westminster Bank plc and another [2020] EWHC 3233 (Ch), [2020] All ER (D) 110 (Dec)

The claimant company’s claim that the defendant bank had negligently advised it in relation to the conclusion of a financial product (the collar), and/or had negligently misstated or misrepresented the effect of the collar, failed. The Chancery Division held that, among other things, the bank was entitled to rely on its contractual terms as confirming that the relationship between the bank and the claimant’s controlling director (S) had not given rise to a duty of care to advise S as to the suitability of the collar.


Contract

Freear v Andrews [2020] EWHC 3497 (QB), [2020] All ER (D) 106 (Dec)

The claimant’s applications for orders striking out the defendant’s defence under CPR 3.4, or alternatively granting him summary judgment on his breach of contract and breach of trust claims under CPR 24.2, were dismissed. The claimant brought the claims, seeking recovery of £1,342,407 which represented the sums that

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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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