header-logo header-logo

06 December 2019
Issue: 7867 / Categories: Case law , In Court , Law digest
printer mail-detail

Weekly law digests

Bank

Promontoria (Oak) Ltd v Emanuel and another [2019] EWHC 2896 (Ch), [2019] All ER (D) 93 (Nov)

The respondent company had claimed, as the assignee of Clydesdale Bank (the bank), debts owed to the bank by the appellants. The claim had succeeded on the basis of secondary evidence regarding the assignment, namely a redacted assignment deed. The appellants were granted permission to appeal on three out of six grounds of appeal. The Chancery Division dismissed their applications: (i) to admit new evidence; and (ii) to introduce a seventh ground of appeal. The court ruled that, given that ground 7 involved a contention that the judgment on the claim had been obtained by fraud, it had to be pursued by what would, in substance, be separate action. Further, the court held that the ‘new’ material that the appellants sought to adduce did not come close to meeting the requirement in authority that, if it had been adduced at trial, that evidence would have had an important influence on the result of the case.

Company

Re

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll