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24 March 2023
Issue: 8018 / Categories: Legal News , Commercial , Property
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NLJ this week: Unjust enrichment & the problem with oral agreements

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The Supreme Court decision in Barton v Morris is a landmark case on the interaction between the law of unjust enrichment and the law of contract. 

In this week’s NLJ, Sarah Allan, partner, and Chris Ward, knowledge lawyer, at Pennington Manches Cooper, write that the story behind the case ‘is a paradigm of how things ought not to be done’.

The dispute centred on an oral agreement for one party to act as broker in a commercial property sale. Allan and Ward write: ‘There being no written contract, Judge Pearce had to rely on witness evidence to determine what the parties had agreed some five years prior to the High Court hearing in June 2018.’

The authors look at the case and its implications in detail here.

MOVERS & SHAKERS

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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