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20 November 2008
Issue: 7346 / Categories: Case law , Law digest
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Arbitration

Delta Reclamation Ltd v Premier Waste Management Ltd [2008] EWHC B16

It is highly arguable that the issue of a claim form to resolve a dispute falling within an arbitration agreement is a repudiatory breach of the agreement. However, a defendant who indicates that he is preserving his right to apply, under s 9 of the Arbitration Act 1996, for a stay to pursue arbitration proceedings and has taken no further steps in the action, has done nothing amounting to an acceptance of that breach so as to bring the arbitration agreement to an end.

Issue: 7346 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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