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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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