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23 October 2019
Issue: 7861 / Categories: Case law , In Court , Law digest
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Weekly law digests

Conflict of laws

JSC Commercial Bank Privatbank v Kolomoisky and others [2019] EWCA Civ 1708, [2019] All ER (D) 86 (Oct)

The judge had erred in concluding, amongst other things, that the first and second defendants could not be sued in England under Art 6(1) of the Lugano Convention and that, therefore, the claim against them should be struck out. The Court of Appeal, Civil Division, allowing the claimant bank’s appeal, held that the bank, which had a sustainable claim against English co-defendants and intended to pursue the claim to judgment against those defendants in combination with its claims against the first and second defendants, had been entitled to rely on Art 6(1) of the Lugano Convention even if its sole object in commencing the proceedings against the English defendants was to be able to also sue those individuals in the same proceedings.

Costs

Dover v Finsbury Food Group Plc [2019] Lexis Citation 370, [2019] All ER (D) 97 (Oct)

The defendant employer’s appeal against a finding that the claimant was entitlement to payment of counsel’s fee failed. The Senior Courts Costs Office

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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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