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Weekly law digests

06 September 2018
Issue: 7807 / Categories: Case law , Law digest , In Court
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Costs

Ashdown and others v Griffin and others [2018] EWCA Civ 1793, [2018] All ER (D) 109 (Aug)

Although it was found that the affairs of the company had been conducted in a manner which was unfairly prejudicial to the interests of the petitioners, the respondents were to be regarded as the ‘successful’ parties within the meaning of CPR 44.2(a). The Court of Appeal, Civil Division, held that the petitioners were to pay the respondents costs to be assessed on the standard basis if not agreed.

European Union

Smith v Meade and others, C-122/17, [2018] All ER (D) 88 (Aug)

EU law, in particular Art 288 of the Treaty on the Functioning of the European Union should be interpreted as meaning that a national court, hearing a dispute between private persons, which found that it was unable to interpret the provisions of its national law that were contrary to a provision of a directive that satisfied all the conditions required for it to produce direct effect in a manner that was compatible with that provision,

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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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