header-logo header-logo

17 January 2025
Issue: 8100 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 17 January 2025

Contract

Salem and another v Salem and others [2024] EWHC 3311 (Ch)

This was an application seeking summary dismissal of an application to enforce a term in a settlement deed. The court held that the relevant term (clause 6.5) was an unenforceable ‘agreement to agree’ on expert determination, as there were no sufficiently objective criteria to assess the reasonableness of the parties’ endeavours to agree a binding process. Even if clause 6.5 was binding, the court found that it imposed a time-limited obligation on the parties to agree a binding process for expert determination, unless an extension was agreed in writing.


Costs

Lewis v Francis and another [2025] EWHC 17 (Admin)

The primary question was whether the magistrates' court was correct in law to determine that it had the power to order costs against the applicant where the finding of an unnecessary act was on the basis that the evidence presented was too weak to satisfy the criminal standard of proof. The court ruled that the district judge's decision to order the appellant to pay the respondents' costs of unsuccessful statutory nuisance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll