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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

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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