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Weekly law digests

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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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