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

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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