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NLJ this week: Paid or not paid? The court decides…

06 December 2024
Issue: 8097 / Categories: Legal News , Costs , Procedure & practice
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The vital question of when exactly security is deemed received—whether it is on payment or on receipt of cleared funds—is addressed in this week’s NLJ, by Avneet Baryan, senior associate at Mills & Reeve.

Baryan, who is president of the Junior London Solicitors Litigation Association, looks at a recent Court of Appeal case on the subject, in which a cheque was received after the date of payment, in dollars and for the wrong amount, and subsequently rejected.

She writes: ‘This case highlights the court’s approach in ensuring compliance with court orders and the judiciary’s willingness to uphold strict deadlines.’ 

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 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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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