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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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