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Weekly law digests

07 March 2019
Issue: 7831 / Categories: Case law , In Court , Law digest
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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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