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06 December 2019
Issue: 7867 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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