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27 January 2023
Issue: 8010 / Categories: Case law , In Court , Law digest
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Law digests: 27 January 2023

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

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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