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28 April 2021
Issue: 7930 / Categories: Case law , In Court , Law digest
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Law digests: 30 April 2021

Company

Wood v Commercial First Business Ltd and other companies; Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471, [2021] All ER (D) 35 (Apr)

The appellants, who had acquired the rights of lenders, appealed decisions in two cases that the loans that they had acquired could be rescinded on the basis that the brokers in each case had received non-disclosed commission. The Court of Appeal, Civil Division, dismissing the appeals, held that the question of whether rescission had been an available remedy had not depended upon the existence of a fiduciary duty, but was whether the broker had been under a duty to provide information, advice and recommendations on an impartial or disinterested basis, and if they were, the payment of bribes or secret commissions exposed the broker and the payee to the applicable civil remedies.


Contract

Green v Petfre (Gibraltar) Ltd (trading as Betfred) [2021] EWHC 842 (QB), [2021] All ER (D) 30 (Apr)

The claimant was granted summary judgment on his claim for payment of

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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