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07 March 2019
Issue: 7831 / Categories: Case law , In Court , Law digest
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Weekly law digests

Contract

Federal Republic of Nigeria v JP Morgan Chase Bank, NA [2019] EWHC 347 (Comm), [2019] All ER (D) 156 (Feb)

It was well established that the Quincecare duty of care was a duty on a bank to refrain from executing a customer’s order if, and for so long as, the bank was ‘put on inquiry’ in the sense that the bank had reasonable grounds for believing, assessed according to the standards of an ordinary prudent banker, that the order was an attempt to defraud the customer. Applying that principle, the Commercial Court held, among other things, that the application of the defendant, JP Morgan Chase Bank, NA, for reverse summary judgment against the claimant Federal Republic of Nigeria, under CPR 24.2, failed. On the correct interpretation of the depository agreement at issue, that Quincecare duty of care was neither inconsistent with, nor excluded by, the terms of that agreement.

Costs

Maugham QC v Uber London Ltd [2019] EWHC 391 (Ch), [2019] All ER (D) 158 (Feb)

The claimant’s application for a costs protection

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

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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