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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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