header-logo header-logo

28 April 2021
Issue: 7930 / Categories: Case law , In Court , Law digest
printer mail-detail

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who had acquired the rights of lenders, appealed decisions in two cases that the loans that they had acquired could be rescinded on the basis that the brokers in each case had received non-disclosed commission.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

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll