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23 October 2019
Issue: 7861 / Categories: Case law , In Court , Law digest
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Weekly law digests

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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