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18 November 2020
Issue: 7911 / Categories: Case law , In Court , Law digest
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Law digests: 20 November 2020

Bank

Banco San Juan Internacional, Inc v Petroleos De Venezuela SA

The claimant bank’s application for summary judgment succeeded, in a case concerning sums allegedly due under two credit agreements. The Commercial Court held that, among other things, the two loan agreements had provided no basis for a suspension of the repayment obligations by the terms of the credit agreements. Further, the rule in Ralli Bros v Compania Naviera Sota y Aznar [1920] All ER Rep 427 did not make the agreements unenforceable.


Contract

Tui UK Ltd v Morgan [2020] EWHC 2944 (Ch), [2020] All ER (D) 56 (Nov)

The appellant travel company’s appeal failed, in proceedings where the claimant had suffered injury after falling over in a dimly-lit area on a package holiday sold by the appellant. The Chancery Division held that the judge had not erred in his findings in relation to the contractual standard of skill and care in respect of lighting the area where the accident had occurred. Further, the judge had been entitled to make the inferences that he had done.


Immigration

R (on

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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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