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who had acquired the rights of lenders, appealed decisions in two cases that the loans that they had acquired could be rescinded on the basis that the brokers in each case had received non-disclosed commission.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

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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