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Law digests: 20 November 2020

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

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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