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20 January 2021
Issue: 7917 / Categories: law reports , In Court , Law digest
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Law digests: 22 January 2021

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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