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03 January 2019
Issue: 7822 / Categories: Case law , Law digest , In Court
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Weekly law digests

Agreement

Pluczenik Diamond Company NV v W Nagel (a firm) [2018] EWCA Civ 2640, [2018] All ER (D) 09 (Dec)

There was no reasonable basis for the attempted challenge to the judge’s finding that the thrust of an oral agreement reached was that the defendant would retain the claimant as its broker for as long as the defendant had a sight with the third- party diamond seller. Accordingly, the Court of Appeal, Civil Division, dismissed the defendant’s appeal against the judge’s ruling that it had been in breach of contract in terminating its relationship with the claimant.

Contract

Astor Management AG (formerly known as MRI Holdings AG) and another company v Atalaya Mining plc (formerly known as EMED Mining Public Ltd) and other companies [2018] EWCA Civ 2407, [2018] All ER (D) 05 (Dec)

The correct construction of a master agreement meant that the defendants’ obligation to pay the deferred consideration in return for the purchase of the claimants’ interests in a copper mine, had not been triggered. Accordingly, the Court of Appeal, Civil Division,

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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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