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01 December 2017
Issue: 7772 / Categories: Case law , Law digest , In Court
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Weekly law digests

Contract

Rocker v Full Circle Asset Management [2017] EWHC 2999 (QB), [2017] All ER (D) 198 (Nov)

The defendant had acted in breach of mandate over nine monthly periods, as the actual risk profile of the claimant’s portfolio had exceeded that agreed. The Queen’s Bench Division further held that the defendant had also breached its contractual obligation to operate a stop loss policy under which it was required automatically sell any investment if that investment made a loss of 5%.

Costs—Security for costs

Premier Motorauctions Ltd (in liquidation) and another v Pricewaterhousecoopers LLP and another [2017] EWCA Civ 1872, [2017] All ER (D) 197 (Nov)

After the event insurance could, in principle, be taken into account in determining an application for security of costs if it gave a defendant sufficient protection. However, the Court of Appeal, Civil Division, held that, on the facts, the defendants did not have the assurance that the insurance had not been liable to be avoided for misrepresentation or non-disclosure and ordered the claimants to provide security of £4m.

EU—Insurance

Rodrigues

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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