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27 October 2023
Issue: 8046 / Categories: Case law , In Court , Law digest
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Law digests: 27 October 2023

Contract

Glaser KC and another v Atay [2023] EWHC 2539 (KB), [2023] All ER (D) 84 (Oct)

The King’s Bench Division allowed the defendant’s appeal and dismissed the claimants’ cross-appeal, concerning the judge’s decision that the Consumer Rights Act 2015 (the Act) precluded the claimants from relying on a contractual term relating to payment (the payment term) in a written agreement (the agreement) entered into under the Public Access Scheme, but that the defendant should, nevertheless, pay 70% of what would otherwise be the contractual sum due by way of quantum meruit. The claimant barristers sued the defendant, a former client in matrimonial proceedings, for payment of outstanding fees under the terms of the agreement. The defendant argued that the application of the Act meant that the claimants were entitled to nothing, in circumstances where the trial in the matrimonial proceedings had adjourned and the defendant had indicated that she no longer wished to instruct them. The claimants argued that the Act did not apply and, even if it did, they were, nevertheless, entitled to payment in full. The court held, among

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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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