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17 January 2025
Issue: 8100 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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