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Law digests: 13 March 2020

11 March 2020
Issue: 7878 / Categories: Case law , In Court , Law digest
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Contract

Filatona Trading Ltd and another v Navigator Equities Ltd and others; Danilina v Chernukhin and others [2020] EWCA Civ 109, [2020] All ER (D) 41 (Feb)

The judge had been correct to find that an individual was an identified and disclosed principal party to a shareholder agreement and, accordingly, entitled to exercise contractual rights under the agreement. The Court of Appeal, Civil Division, held that the parties to the agreement had not been unequivocally and exhaustively defined and the judge had been correct to have concluded that the individual and not his nominee was a party to the agreement.

Costs

Butler v Bankside Commercial Ltd [2020] EWCA Civ 203, [2020] All ER (D) 11 (Mar)

The judge had correctly decided that the term at issue in the conditional fee agreement (CFA) entered into between the appellant and the respondent solicitors’ company had triggered the appellant’s liability to pay the sums claimed by the respondent following the appellant’s rejection of the respondent’s

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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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