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Weekly law digests

05 July 2018
Issue: 7800 / Categories: Case law , Law digest , In Court
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Deed

Wessely and another (Joint Liquidators of Laishley Ltd, in Liquidation) v White [2018] EWHC 1499 (Ch), [2018] All ER (D) 128 (Jun)

The applicant liquidators’ claim against the respondent failed. The respondent had executed two deeds of release, by which the employer and employee were released from future performance under a contract. The Chancery Division held that the burden of proof did not lie on the respondent to prove that his actions or omissions had not caused loss to the company, or that the burden of proof should be reduced. Further, there had been no breach of the respondent’s duties.

European Union

MB v Secretary of State for Work and Pensions C-451/16, [2018] All ER (D) 135 (Jun)

Council Directive (EEC) 79/7, in particular the first indent of Art 4(1), read in conjunction with the third indent of Arts 3(1)(a) and 7(1)(a) thereof, should be interpreted as precluding national legislation which required a person who had changed gender not only to fulfil physical, social and psychological criteria but also to satisfy the condition

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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