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08 November 2017
Issue: 7769 / Categories: Case law , Law digest , In Court
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Partnership—Dissolution

Shah v Shah [2017] EWHC 2693 (Ch), [2017] All ER (D) 33 (Nov)

The Chancery Division made various orders concerning the final dissolution of a business, which had been carried out by four brothers as a partnership. Among other things, the court held that that, on the evidence, not all of the claims for an account had been established, but that two of the brothers, the first and second Pt 20 defendants, were jointly and severally liable to account to their brother, the Pt 20 claimant, in respect of a flat in Bombay, which had been included in an agreement between the parties, as an asset of the partnership, but which had been sold without reference to the Pt 20 claimant. Further, the court held that a bungalow in Bangalore, also mentioned in the agreement, had to be brought into account and that the first and second Pt 20 defendants were entitled to look to the Pt 20 claimant for one third of its value.

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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

Switalskis—Grimsby

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Slater Heelis—Will Newman & Lucy Spilsbury

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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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