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20 March 2015
Issue: 7645 / Categories: Case law , Law digest
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Contract

Tael One Partners Ltd v Morgan Stanley & Co International plc [2015] UKSC 12, [2015] All ER (D) 112 (Mar)

The Supreme Court considered the interpretation of a contractual condition forming part of Loan Market Association (LMA) standard terms and conditions for par trade transactions, in circumstances where the claimant claimed that it was entitled to be paid part of a payment premium which related to the amount of a loan which had been transferred to the defendant, to that extent that it pertained to the period prior to the transfer. The court held that the payment premium was not expressed to accrue by the reference to the lapse of time. The payment premium could not be regarded retrospectively, as having notionally accrued over the period in question.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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