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27 October 2023
Issue: 8046 / Categories: Case law , In Court , Law digest
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Law digests: 27 October 2023

Contract

Glaser KC and another v Atay [2023] EWHC 2539 (KB), [2023] All ER (D) 84 (Oct)

The King’s Bench Division allowed the defendant’s appeal and dismissed the claimants’ cross-appeal, concerning the judge’s decision that the Consumer Rights Act 2015 (the Act) precluded the claimants from relying on a contractual term relating to payment (the payment term) in a written agreement (the agreement) entered into under the Public Access Scheme, but that the defendant should, nevertheless, pay 70% of what would otherwise be the contractual sum due by way of quantum meruit. The claimant barristers sued the defendant, a former client in matrimonial proceedings, for payment of outstanding fees under the terms of the agreement. The defendant argued that the application of the Act meant that the claimants were entitled to nothing, in circumstances where the trial in the matrimonial proceedings had adjourned and the defendant had indicated that she no longer wished to instruct them. The claimants argued that the Act did not apply and, even if it did, they were, nevertheless,

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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