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Law digests: 6 October 2023

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06 October 2023
Issue: 8043 / Categories: Case law , In Court , Law digest
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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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NEWS
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From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
NLJ this week: Promises broken on non-molestation orders?
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
NLJ this week: Assisted dying under the legal microscope
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
NLJ this week: Failure to deliver in Getty v Stability AI
The long-awaited Getty Images v Stability AI judgment arrived at the end of last year—but not with the seismic impact many expected. In this week's issue of NLJ, experts from Arnold & Porter dissect a ruling that is ‘historic’ yet tightly confined
NLJ this week: Spotlight on the Supreme Court in 2025
The UK Supreme Court may be deciding fewer cases, but its impact in 2025 was anything but muted. In this week's NLJ, Professor Emeritus Brice Dickson of Queen’s University Belfast reviews a year marked by historically low output, a striking rise in jointly authored judgments, and a continued decline in dissent. High-profile rulings on biological sex under the Equality Act, public access to Dartmoor, and fairness in sexual offence trials ensured the court’s voice carried far beyond the Strand
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