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28 May 2021
Issue: 7934 / Categories: Case law , In Court , Law digest
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Law digests: 28 May 2021

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Agent

NatWest Markets plc and another v Bilta (UK) Ltd (in liquidation) and others [2021] EWCA Civ 680, [2021] All ER (D) 45 (May)

The claimant companies’ claim for dishonest assistance and knowing participation in fraudulent trading succeeded at first instance against both defendants. The Court of Appeal, Civil Division, allowed the claimants’ appeal in relation to the finding of their dishonest assistance in the fraudulent trading, and ordered a retrial of the issue. It upheld a finding that the case was an example for the imposition of dual vicarious liability, and that both defendants would be vicariously liable for any dishonesty of the traders determined at the retrial.

Damages

Balogh and others v Hick Lane Bedding Ltd [2021] EWHC 1140 (QB), [2021] All ER (D) 132 (Mar)

In circumstances where the claimant Hungarian nationals had been the victims of modern slavery, and where judgment in default had been granted in their favour in respect of their civil claims against the defendant company (their former employer), the Queen’s Bench Division

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
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
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
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
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
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
NLJ this week: Finality trumps freedom in arbitration showdown
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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