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Law digests: 30 April 2021

28 April 2021
Issue: 7930 / Categories: Case law , In Court , Law digest
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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who had acquired the rights of lenders, appealed decisions in two cases that the loans that they had acquired could be rescinded on the basis that the brokers in each case had received non-disclosed commission.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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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