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06 December 2024
Issue: 8097 / Categories: Legal News , Costs , Procedure & practice
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NLJ this week: Paid or not paid? The court decides…

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The vital question of when exactly security is deemed received—whether it is on payment or on receipt of cleared funds—is addressed in this week’s NLJ, by Avneet Baryan, senior associate at Mills & Reeve.

Baryan, who is president of the Junior London Solicitors Litigation Association, looks at a recent Court of Appeal case on the subject, in which a cheque was received after the date of payment, in dollars and for the wrong amount, and subsequently rejected.

She writes: ‘This case highlights the court’s approach in ensuring compliance with court orders and the judiciary’s willingness to uphold strict deadlines.’ 

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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