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Weekly law digests

03 October 2019
Issue: 7858 / Categories: Case law , In Court , Law digest
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Contract

NHS Commissioning Board (known as NHS England) v Vasant (trading as MK Vasant & Associates) and others [2019] EWCA Civ 1245, [2019] All ER (D) 190 (Jul)

The defendant, NHS England, was not entitled to terminate contractual arrangements under which the claimant dentists supplied an intermediate minor oral surgery service to the NHS. The Court of Appeal, Civil Division, in dismissing the NHS’s appeal, held that the NHS had varied its agreement with the dentists so as to incorporate that service within its general dental services contract with them, under which the NHS was not entitled to terminate the contract in the absence of any default by the dentists.

Elections

R (on the application of the Good Law Project) v Electoral Commission [2019] EWCA Civ 1567, [2019] All ER (D) 48 (Sep)

The correct interpretation of the legislation read as a whole was that a donation to a permitted participant could not also be an expense incurred by the donor and the Divisional Court’s interpretation was wrong. Accordingly, the Court of Appeal, Civil

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

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
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
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
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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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