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29 April 2016 / Helen Mulcahy
Issue: 7696 / Categories: Features , Professional negligence
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Testing times

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What test of damages should apply in a case involving concurrent causes of action, asks Helen Mulcahy​

Wellesley Partners (WP), a small but successful firm of head hunters in the investment banking sector, brought a successful negligence claim against Withers arising out of changes to WP’s LLP agreement, which was to allow for the admission of new investors who were to become members of the partnership (see Wellesley Partners LLP v. Withers LLP [2015] EWCA Civ 1146, [2015] All ER (D) 146 (Nov)). One of the investors, Addax, was to make a capital contribution of US$5,000,000 in return for a 25% interest. An element of the initial terms was that Addax would be entitled to exercise an option to withdraw half its capital contribution, after 42 months.

However, for reasons unknown, the junior solicitor who drafted the changes to the LLP agreement inserted that the option to withdraw was exercisable within the first 41 months. Twelve months following the investment, Addax exercised the option to withdraw half its capital contribution.

At the beginning of 2008,

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
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