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16 October 2008
Issue: 7341 / Categories: Case law , Procedure & practice , Law digest , Arbitration
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Arbitration

O’Donoghue v Enterprise Inns plc [2008] EWHC 2273 (Ch), [2008] All ER (D) 43 (Oct)

For an application under s 68 of the Arbitration Act 1996 to succeed, there must be a serious irregularity. The serious irregularity must fall within one of the classes set out in s 68(2).

Furthermore, it has to be such that it will cause (or has caused) substantial injustice to the applicant. Substantial injustice can only be demonstrated where what has happened simply cannot be defined as an acceptable consequence of the choice that the parties made to arbitrate.

An aggrieved party in an arbitration must raise any objections to the arbitration or the award forthwith; in this context “forthwith” means as soon as reasonably possible (and so involves raising an objection immediately following a procedural ruling).
 

MOVERS & SHAKERS

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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