header-logo header-logo

Law digests: 27 January 2023

27 January 2023
Issue: 8010 / Categories: Case law , In Court , Law digest
printer mail-detail

Construction

Malik v Hussain and others [2023] EWCA Civ 2, [2023] All ER (D) 29 (Jan)

The Court of Appeal, Civil Division, allowing the appeal of a partner in a restaurant business that was being purchased under a court-ordered sale mechanism, held that the judge had erred in dismissing the appellant’s declaration that the second respondent, who had made the highest bid to purchase the partnership’s assets, had failed to exchange contracts within seven days of paying his deposit and that his purchase had accordingly been invalid, since a proper construction of the relevant contracts pointed to the requirement on the bidder being able to exchange once presented with a contract in a form capable of being executed and exchanged and, in those circumstances, a declaration would be made that the bidder was not in breach of any obligations, his deposit was not forfeit and the contract to sell the partnership assets to him did not become invalid.


Disclosure

AQR Capital Management LLC and others v The London Metal Exchange and another

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll