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05 May 2023
Issue: 8023 / Categories: Case law , In Court , Law digest
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Law digests: 5 May 2023

Contract

FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, [2023] All ER (D) 32 (Apr)

The Court of Appeal, Civil Division dismissed the appellant (second defendant's) appeal from a decision of the Technology and Construction Court, determining a preliminary issue in favour of the claimant, the RFU, which held that the second defendant could not rely on a third-party risks insurance policy taken out by the RFU in its defence to a claim for alleged breach of a construction contract because the RFU and the second defendant were not co-insured in respect of the losses that the RFU was said to have suffered by reason of the damage for which the RFU had been indemnified by its insurer. The court held that the judge had been correct for the reasons that he had given. His analysis was entirely in accordance with the authorities. His findings of fact and his mixed findings of fact and law were also fatal to the second defendant's appeal.


Eviction

Wu v Chelmsford City Council [2023] EWCA Crim 338,

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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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