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Law digests: 10 & 17 April 2020

08 April 2020
Issue: 7882 / Categories: Case law , In Court , Law digest
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Conflict of laws

 

Aspen Underwriting Ltd and others v Credit Europe Bank Nv [2020] UKSC 11, [2020] All ER (D) 08 (Apr)

A jurisdiction agreement in an insurance contract did not bind a third party beneficiary of insurance who was domiciled in a different contracting state and who had not expressly subscribed to the clause. Accordingly, the Supreme Court ruled that the lower courts had not erred in ruling that the English court did not have jurisdiction pursuant to the exclusive English jurisdiction clause contained in the insurance policy concerning a vessel (the policy), in proceedings to recover sums paid by the insurers under a settlement agreement relating to the loss of the vessel, on the basis that it had been deliberately sunk. The court held that the bank, which was domiciled in the Netherlands and which was identified as the mortgagee, assignee and loss payee in the policy, was not a party to the contract (concerning jurisdiction) contained in that policy and that it was not bound by that

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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