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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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