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Weekly law digests

12 September 2019
Issue: 7855 / Categories: Case law , In Court , Law digest
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Building contract

Nua Facades Ltd and other companies v Brady (trading as Terry Brady Developments Ltd) [2019] EWHC 2184 (TCC), [2019] All ER (D) 06 (Sep)

The claimants’ claim regarding sums allegedly payable arising out of a construction dispute succeeded. The court held that, among other things, the evidence did not give rise to the suspicion of impropriety or provide evidence of the improper understanding or agreement on which the defendant relied.

Contract

Volumatic Ltd v Ideas for Life Ltd [2019] EWHC 2273 (IPEC), [2019] All ER (D) 01 (Sep)

The claimant’s action seeking specific performance of an alleged agreement between it and the defendant was dismissed on the grounds that there had been no binding agreement between the parties. The Intellectual Property Enterprise Court held that there had been no intention to create legal relations and therefore no binding contract.

Family proceedings

Moher v Moher [2019] EWCA Civ 1482, [2019] All ER (D) 99 (Aug)

The appellant husband’s core contention, that a judge was required to evaluate the scale of the undisclosed

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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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