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Weekly law digests

23 October 2019
Issue: 7861 / Categories: Case law , In Court , Law digest
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Conflict of laws

JSC Commercial Bank Privatbank v Kolomoisky and others [2019] EWCA Civ 1708, [2019] All ER (D) 86 (Oct)

The judge had erred in concluding, amongst other things, that the first and second defendants could not be sued in England under Art 6(1) of the Lugano Convention and that, therefore, the claim against them should be struck out. The Court of Appeal, Civil Division, allowing the claimant bank’s appeal, held that the bank, which had a sustainable claim against English co-defendants and intended to pursue the claim to judgment against those defendants in combination with its claims against the first and second defendants, had been entitled to rely on Art 6(1) of the Lugano Convention even if its sole object in commencing the proceedings against the English defendants was to be able to also sue those individuals in the same proceedings.

Costs

Dover v Finsbury Food Group Plc [2019] Lexis Citation 370, [2019] All ER (D) 97 (Oct)

The defendant employer’s appeal against a finding that the claimant was entitlement to

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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