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22 September 2017
Issue: 6672 / Categories: Case law , Law digest , In Court , ADR
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Arbitration

Bony v Kacou and others [2017] EWHC 2146 (Ch), [2017] All ER (D) 44 (Sep)

The court would not imply, by operation of law, a contract between participants in an organised sport based on the rules that governed that sport. The court could imply such a contract, depending on all the relevant facts and circumstances. So held the Chancery Division in dismissing the defendants’ appeal against the district judge’s dismissal of their application to stay proceedings brought by the claimant footballer against them. The defendant agents and associated companies had applied for a stay on the basis that the dispute should be determined by arbitration, under the Football Association Rules.

The court held that, in circumstances where the express agreements between the relevant parties did not contain arbitration provisions, the defendants had failed to establish an implied agreement that incorporated the FA Rules and that the district judge had been right to refuse to stay the proceedings by reference to s 9 of the Arbitration Act 1996.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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