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18 July 2019
Issue: 7849 / Categories: Case law , In Court , Law digest
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Weekly law digests

Company

O’Brien and another v TTT Moneycorp Ltd [2019] EWHC 1491 (Comm), [2019] All ER (D) 19 (Jul)

The parties’ applications for summary judgment in a dispute concerning the sale of a company were largely unsuccessful. The Commercial Court held that, among other things, while the paragraph in issue of the share purchase agreement between the parties was a condition precedent, there were disputes of a factual nature as to whether or not the condition precedent to an expert determination has been satisfied, which were of a type which made the case unsuitable for summary judgment.

Immigration

BF (Eritrea) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) [2019] EWCA Civ 872, [2019] All ER (D) 152 (May)

The guidance in criterion C of para 55.9.3.1[1] of the Enforcement Instructions and Guidance (EIG) permitting the Secretary of State to refuse to accept an individual’s assertion that he was 18 if ‘their physical appearance/demeanour very strongly suggests that they are significantly over 18 years of age’ was unlawful. The Court of Appeal, Civil Division, further held that the changes introduced

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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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