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

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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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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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