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23 February 2018
Issue: 7782 / Categories: Case law , Law digest , In Court
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Weekly law digests

Bank

Singularis Holdings Ltd (in official liquidation) (a company incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2018] EWCA Civ 84 [2018] All ER (D) 10 (Feb)

A company in liquidation, Singularis Holdings Ltd, had successfully brought a claim, alleging negligence and breach of contract, against an investment bank, Daiwa Capital Markets Europe Ltd (Daiwa), to recover sums which Daiwa had paid from its client account to other companies at the instigation of Singularis’s sole shareholder and director. The Financial List, in dismissing Daiwa’s appeal, held, among other things, that the judge had correctly concluded that it would have been wrong to attribute the director’s conduct and fraudulent knowledge to Singularis, so as to bar its Quincecare claim (breach of duty owed by a bank to its customer) against Daiwa on grounds of illegality. The court, in so ruling, held that Bilta (UK) Ltd (in liq) v Nazir [2015] 2 All ER 1083 was to be regarded as the leading authority on attribution in the context of an illegality defence.

Employment

McCloud and

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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