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Law digests: 30 April 2021

28 April 2021
Issue: 7930 / Categories: Case law , In Court , Law digest
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Company

Wood v Commercial First Business Ltd and other companies; Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471, [2021] All ER (D) 35 (Apr)

The appellants, who had acquired the rights of lenders, appealed decisions in two cases that the loans that they had acquired could be rescinded on the basis that the brokers in each case had received non-disclosed commission. The Court of Appeal, Civil Division, dismissing the appeals, held that the question of whether rescission had been an available remedy had not depended upon the existence of a fiduciary duty, but was whether the broker had been under a duty to provide information, advice and recommendations on an impartial or disinterested basis, and if they were, the payment of bribes or secret commissions exposed the broker and the payee to the applicable civil remedies.


Contract

Green v Petfre (Gibraltar) Ltd (trading as Betfred) [2021] EWHC 842 (QB), [2021] All ER (D) 30 (Apr)

The claimant was granted summary judgment on his claim for payment of

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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