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06 October 2023
Issue: 8043 / Categories: Case law , In Court , Law digest
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Law digests: 6 October 2023

Bank

Kallakis v Kallakis and others [2023] EWHC 2148 (Comm), [2023] All ER (D) 45 (Sep)

The Commercial Court, dismissing the claim in its entirety against, among others, a mortgagee that had been the victim of a significant property fraud, held that the claimant had commenced his claims as nominee and on behalf of the fraudster, who was also a defendant to the claim and had sought to make it appear that the claim was being brought by an innocent third party rather than by a fraudster against the victim of his fraud, but that, in any event, all the claims were unfounded and the claimant had not had standing to pursue them.


Financial services

Fox-Bryant and another v Financial Conduct Authority [2023] UKUT 224 (TCC), [2023] All ER (D) 152 (Jul)

The Upper Tribunal (Tax and Chancery Chamber) (the UT) dismissed the privacy applications of the applicants who were the owners and directors of a small financial services advisory firm (the company) during the relevant period. The respondent Financial Conduct

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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