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Weekly law digests

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19 July 2018
Issue: 7802 / Categories: Case law , Law digest , In Court
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Building contract

Tees Esk & Wear Valleys NHS Foundation Trust v Three Valleys Healthcare Ltd and another [2018] EWHC 1659 (TCC), [2018] All ER (D) 54 (Jul)

The claimant NHS Foundation Trust’s application for declarations as to the validity of notices served succeeded, in a dispute concerning work carried out under an agreement at a hospital. The Technology and Construction Court made rulings as to the interpretation of the notices and held that they had been served correctly.

Company

Estera Trust (Jersey) Ltd (formerly known as Appleby Trust (Jersey) Ltd) and another v Singh and others [2018] EWHC 1715 (Ch), [2018] All ER (D) 49 (Jul)

A share purchase order was made against a director and shareholder of a company, and against the company. The Chancery Division so ruled on an unfair prejudice petition brought by other members of the company. The court held that the director had breached his fiduciary duties and that certain actions had been taken which had been unfairly prejudicial to the interests of other members of the company. However,

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MOVERS & SHAKERS

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Birketts—trainee cohort

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Firm welcomes new cohort of 29 trainee solicitors for 2025

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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
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NLJ this week: Big tech for small firms
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
NLJ this week: Presumption of capacity reaffirmed
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
NLJ this week: Justice delayed, justice denied
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
NLJ this week: The road ahead for employment rights
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
NLJ this week: SLAPPed shut?
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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