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20 June 2013
Issue: 7565 / Categories: Case law , Law digest , In Court
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Arbitration

Philip Hanby Ltd v Clarke [2013] EWCA Civ 647, [2013] All ER (D) 107 (Jun)

It was settled law that: (i) the court referred to in s 69 of the Arbitration Act 1996 was the High Court; (ii) accordingly, only the High Court could give or refuse permission to appeal an arbitrary award pursuant to s 69(2)(b) of the Act; (iii) similarly only a High Court judge could grant permission to appeal under s 69(6) of the Act the High Court judge’s decision under s 69(2)(b) of the Act; (iv) notwithstanding the apparent finality of the High Court’s refusal of permission to appeal from the arbitrary award under s 69(2)(b) of the Act, where the High Court had refused permission to appeal to the Court of Appeal, pursuant to s 69(6), the Court of Appeal retained a residual jurisdiction to set aside the refusal of permission under s 69(2)(b) in certain situations of unfair or improper process; (v) those situations were: (a) where the High Court judge had never reached something that could properly be called a decision

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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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