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03 October 2019
Issue: 7858 / Categories: Case law , In Court , Law digest
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Weekly law digests

Contract

NHS Commissioning Board (known as NHS England) v Vasant (trading as MK Vasant & Associates) and others [2019] EWCA Civ 1245, [2019] All ER (D) 190 (Jul)

The defendant, NHS England, was not entitled to terminate contractual arrangements under which the claimant dentists supplied an intermediate minor oral surgery service to the NHS. The Court of Appeal, Civil Division, in dismissing the NHS’s appeal, held that the NHS had varied its agreement with the dentists so as to incorporate that service within its general dental services contract with them, under which the NHS was not entitled to terminate the contract in the absence of any default by the dentists.

Elections

R (on the application of the Good Law Project) v Electoral Commission [2019] EWCA Civ 1567, [2019] All ER (D) 48 (Sep)

The correct interpretation of the legislation read as a whole was that a donation to a permitted participant could not also be an expense incurred by the donor and the Divisional Court’s interpretation was wrong. Accordingly, the Court of Appeal, Civil Division, allowed the defendant Electoral Commission’s appeal against the Divisional Court’s

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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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