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30 March 2007
Issue: 7266 / Categories: Case law , Law digest
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Appeal

Sumukan Ltd v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar)

(i) The Court of Appeal has jurisdiction to consider an appeal from the High Court about the existence of an agreement excluding the right of appeal under the Arbitration Act 1996 (AA 1996), s 69(1). There is a distinction between those cases where the court is assisting or overseeing the
arbitration process and those cases where the question is whether or not the jurisdiction of the court has been excluded. In the context of s 69, there is a distinction between a decision about whether or not the parties have agreed to exclude the court and—if they have not—the decision about whether or not to grant or refuse permission to appeal. Until the court has decided whether or not there is an exclusion agreement, it does not engage on the considerations relevant to the question whether or not permission to appeal should be refused or granted.

(ii) As a matter of domestic law, a contract might incorporate by reference an exclusion agreement limiting the

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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