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09 February 2018
Issue: 7780 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Agricultural holding

Smyth-Tyrrell and another v Bowden [2018] EWHC 106 (Ch) [2018] All ER (D) 22 (Feb)

The claimants’ claim, in which they sought declarations regarding a portion of land in Cornwall, failed. The Chancery Division held that the claimants had possessed neither a tenancy under the Agricultural Holdings Act 1986, nor a business tenancy under the Landlord and Tenant Act 1954, Pt II. The claimants were not entitled to an interest in the land via the doctrine of proprietary estoppel.

Bank

Singularis Holdings Ltd (in official liquidation) (a company incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2018] EWCA Civ 84 [2018] All ER (D) 10 (Feb)

A company in liquidation, Singularis Holdings Ltd, had successfully brought a claim, alleging negligence and breach of contract, against an investment bank, Daiwa Capital Markets Europe Ltd (Daiwa), to recover sums which Daiwa had paid from its client account to other companies at the instigation of Singularis’s sole shareholder and director. The Financial List, in dismissing Daiwa’s appeal, held, among other things, that the

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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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