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20 January 2021
Issue: 7917 / Categories: law reports , In Court , Law digest
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Law digests: 22 January 2021

Bank

Fine Care Homes Ltd v National ­Westminster Bank plc and another [2020] EWHC 3233 (Ch), [2020] All ER (D) 110 (Dec)

The claimant company’s claim that the defendant bank had negligently advised it in relation to the conclusion of a financial product (the collar), and/or had negligently misstated or misrepresented the effect of the collar, failed. The Chancery Division held that, among other things, the bank was entitled to rely on its contractual terms as confirming that the relationship between the bank and the claimant’s controlling director (S) had not given rise to a duty of care to advise S as to the suitability of the collar.


Contract

Freear v Andrews [2020] EWHC 3497 (QB), [2020] All ER (D) 106 (Dec)

The claimant’s applications for orders striking out the defendant’s defence under CPR 3.4, or alternatively granting him summary judgment on his breach of contract and breach of trust claims under CPR 24.2, were dismissed. The claimant brought the claims, seeking recovery of £1,342,407 which represented the

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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