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Dispute Resolution Law Blog

20 August 2014

Legal update: Bank negligent in providing inaccurate reference of player’s creditworthiness to casino

(1) Playboy Club London ltd (2) London Clubs International Ltd (3)Burlington Street Services Ltd v Bianca Nazionale Del Lavoro Lavoro Spa [2014] EWHC 2613

When X arrived in London he applied for a cheque-cashing facility in order to play in the Playboy Club London Limited (“the Club”). The Club sought a reference as to X's creditworthiness. To preserve customer confidentiality, the Club made the request through a related company, the third claimant (S). The reference request was addressed to the manager of Banca Nazionale di Lavoro SPA (“the Bank”). A response, purporting to be from one of the Bank's employees (G), stated that X had an account and was trustworthy to the extent of £1.6 million in any one week. In fact, X's balance had always been nil.

20 August 2014

“All clear” on Section 21 Notices to Quit

A 'Section 21 Notice to Quit', is a notice which operates under section 21 of the Housing Act 1988 (the 1988 Act). It is a notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST).

The Supreme Court has refused permission to appeal in the case of Spencer v Taylor [2013] EWCA Civ 1600. This case sought to clarify the position in respect of service of s.21 notices for fixed term tenancies but upset many.  Now the position has been affirmed and it looks set to stay. 

15 August 2014

Defamation claimants won’t get the “benefit” of the doubt under new law

Since implementation of the new Defamation Act 2013 earlier this year, legal commentators have been anxiously awaiting the first judgments on the new provisions. Will they provide us with clarity? 

5 August 2014

Legal update: Businessman granted leave to serve injunction proceedings on Google out of the jurisdiction

Last Thursday, in the case of Hegglin v Google Inc. & ORS (2014) QBD, the High Court  granted a businessman leave to serve proceedings under the Data Protection Act 1998 out of the jurisdiction on Google, seeking injunctive relief in respect of defamatory comments posted on websites by an anonymous individual. 

5 August 2014

Legal update: Supreme Court dismisses appeal against decision giving principal a proprietary claim over bribe or secret commission

In the case of FHR European Ventures LLP & ORS v Cedar Capital Partners LLC [2014] UKSC 45, the Supreme Court has held that where an agent received a bribe or secret commission in breach of his fiduciary duty to his principal, he held that bribe or secret commission on trust for his principal, meaning that the principal had a proprietary claim to it.

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