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Procedure & practice

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The remedy of ‘specific performance’ is little-used but can be ‘extremely beneficial’ in M&A disputes. In this week’s NLJ, Yasseen Gailani, partner, and Megan Hiluta, senior associate, Quinn Emanuel, explain why looking beyond the remedy of damages may pay dividends for clients.
Yasseen Gailani & Megan Hiluta consider the advantages of the little-used remedy of ‘specific performance’
The Arbitration Bill is back on the agenda—but how would it have affected the outcome of the UniCredit case? Valya Georgieva & Ravi Aswani consider the implications
The Civil Justice Council (CJC) has set out detailed guidelines on evaluating and managing mental capacity—an area of procedure that was previously unclear.
A case management portal and two websites will be launched by the Supreme Court and Judicial Committee of the Privy Council next month, to streamline permission to appeal applications and make ‘interactions with the court as effortless as possible’.
In future there will be less money for creditors and more money for the official receiver—this outrage is exposed by NLJ columnist and former district judge Stephen Gold, in this week’s Civil Way.

ORs needs more money; Small claims crack pilot grows; Judges rule at tribunals, OK!; FDRs: no escape; 3 October 2024

The CICA has confirmed the availability of interim remedies in aid of foreign arbitrations. Gemma Bellfield, Joanne Collett, Corey Byrne & Kelvin Cheung explain the impact of the decision

Costs decisions don’t always play out as expected, as Sophie Houghton, professional support lawyer in the dispute resolution team at LexisPSL, writes in this week’s NLJ

The personal injury discount rate in Scotland and Northern Ireland: Julian Chamberlayne, Professor Victoria Wass & Chris Daykin query the basis of the calculation
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MOVERS & SHAKERS

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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