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08 July 2016
Issue: 7706 / Categories: Case law , Law digest , In Court
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Practice

Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2016] EWCA Civ 661, [2016] All ER (D) 10 (Jul)

 

The Court of Appeal, Civil Division, allowed an appeal against summary judgment granted against the claimant on its negligence claim against the defendant surveyor where the claimant alleged loss as a consequence of the defendant’s valuation of a development which the claimant had taken as security for a refinancing transaction. The “but for” test of causation did apply, but when correctly applied it led to the conclusion that the defendant was liable to the claimant for the whole of the loss that flowed from its negligent valuation. The judge’s application of the ‘but for’ test had failed to take into account the structure of the refinancing transaction.

 

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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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