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23 October 2019
Issue: 7861 / Categories: Case law , In Court , Law digest
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Weekly law digests

Conflict of laws

JSC Commercial Bank Privatbank v Kolomoisky and others [2019] EWCA Civ 1708, [2019] All ER (D) 86 (Oct)

The judge had erred in concluding, amongst other things, that the first and second defendants could not be sued in England under Art 6(1) of the Lugano Convention and that, therefore, the claim against them should be struck out. The Court of Appeal, Civil Division, allowing the claimant bank’s appeal, held that the bank, which had a sustainable claim against English co-defendants and intended to pursue the claim to judgment against those defendants in combination with its claims against the first and second defendants, had been entitled to rely on Art 6(1) of the Lugano Convention even if its sole object in commencing the proceedings against the English defendants was to be able to also sue those individuals in the same proceedings.

Costs

Dover v Finsbury Food Group Plc [2019] Lexis Citation 370, [2019] All ER (D) 97 (Oct)

The defendant employer’s appeal against a finding that the claimant was entitlement to

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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