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14 October 2022
Issue: 7998 / Categories: Case law , In Court , Law digest
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Law Digests: 14 October 2022

Employment

108 Medical Ltd v Millar [2022] EWHC 2303 (KB), [2022] All ER (D) 04 (Oct)

The King’s Bench Division held that the claimant company had proved that the defendant (an accountant and former employee of the claimant) had made, and received, sums of money from the claimant that had exceeded those that he had been contractually entitled to. The defendant had argued that the relevant payments had either all been accounted for by means of salary sacrifice, and/or that they had been separately agreed with the then majority shareholder and ‘guiding force’ of the claimant, without any change to the defendant’s contract of employment or any other memoranda or paperwork being created regarding the same. The court ruled that: (i) the defendant’s remuneration package was as set out in his contract of employment; (ii) the court had not been taken to any documentary evidence to demonstrate that that contract had ever been varied; (iii) on the facts, the tort of conversion was complete and the defendant was liable to repay the excess sums to the claimant that the court had identified;

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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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