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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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