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18 November 2016
Issue: 7723 / Categories: Case law , Law digest , In Court
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Solicitor

Zoya Ltd v Ahmed (t/a Property Mart) [2016] EWHC 2249 (Ch), [2016] All ER (D) 75 (Nov)

The Chancery Division dismissed the defendant’s application for an order for costs against a firm of solicitors for the alleged breach of a warranty of authority. The defendant had contended that, by issuing proceedings on behalf of the claimant, the solicitors had warranted that they had had authority to act on the claimant’s behalf when, following the determination of preliminary issues, it was in the fact the case that they had had no such authority. The court held that the warranty had been given at the outset of the proceedings, but had no longer been given after a certain period and that the defendant had failed to establish that he had relied on the warranty in the sense that he had been induced by it to act to his prejudice.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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