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16 September 2020
Issue: 7902 / Categories: Case law , Law digest , In Court
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Law digests: 18 September 2020

Bank

Stanford International Bank Ltd (in liquidation) v HSBC Bank plc [2020] EWHC 2232 (Ch), [2020] All ER (D) 169 (Jul)

HSBC Bank plc had applied to strike out, or obtain reverse summary judgment under CPR Pt 24 on, two discrete aspects of a claim brought against it by the joint liquidators of Stanford International Bank plc (SIB). The claim alleged: (i) that HSBC had failed in breach of its duty under Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363 to take sufficient care to see that the monies that were being paid out from accounts under its control were being properly paid out (the Quincecare allegation); and (ii) dishonest assistance in relation to breaches of fiduciary duty by SIB’s ultimate beneficial owner. The Chancery Division held that the allegation of dishonest assistance would be struck out: absent an allegation of targeted suspicion and of a deliberate decision not to look, the copious allegations made against HSBC did not amount, singularly or cumulatively, to allegations that could properly be characterised as allegations of dishonesty. However, the Quincecare allegation would

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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