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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

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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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NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
NLJ this week: Mazur ruling puts firms on supervision alert
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
NLJ this week: Landlords’ forced entry powers spark legal divide
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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