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Weekly law digests

08 November 2018
Issue: 7816 / Categories: Case law , Law digest , In Court
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Appeal

Bahamasair Holdings Ltd v Messier Dowty Inc (Bahamas) [2018] UKPC 25, [2018] All ER (D) 112 (Oct)

The Court of Appeal had erred in setting aside the findings of the Chief Justice and examining the evidence de novo . When considering whether the appellate court had taken the correct approach to the findings made by the trial judge, the Privy Council allowed the appeal of the appellant airline in relation to its claim for damages arising from an accident to its aircraft caused by the collapse of the respondent manufacturer’s landing gear.

Contract

SDI Retail Services Ltd v The Rangers Football Club Ltd [2018] EWHC 2772 (Comm), [2018] All ER (D) 116 (Oct)

On the true construction of a retail agreement made between the parties, the defendant, the Rangers Football Club Ltd (Rangers) was free to do deals with third parties, and, if it wished to do so, it had to give the claimant, SDI Retail Services Ltd (Sports Direct) a right to match any third party offers. The Commercial Court ruled that Rangers

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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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