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Weekly law digests

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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