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27 October 2023
Issue: 8046 / Categories: Case law , In Court , Law digest
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Law digests: 27 October 2023

Contract

Glaser KC and another v Atay [2023] EWHC 2539 (KB), [2023] All ER (D) 84 (Oct)

The King’s Bench Division allowed the defendant’s appeal and dismissed the claimants’ cross-appeal, concerning the judge’s decision that the Consumer Rights Act 2015 (the Act) precluded the claimants from relying on a contractual term relating to payment (the payment term) in a written agreement (the agreement) entered into under the Public Access Scheme, but that the defendant should, nevertheless, pay 70% of what would otherwise be the contractual sum due by way of quantum meruit. The claimant barristers sued the defendant, a former client in matrimonial proceedings, for payment of outstanding fees under the terms of the agreement. The defendant argued that the application of the Act meant that the claimants were entitled to nothing, in circumstances where the trial in the matrimonial proceedings had adjourned and the defendant had indicated that she no longer wished to instruct them. The claimants argued that the Act did not apply and, even if it did, they were, nevertheless,

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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