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Law digests: 10 June 2022

10 June 2022
Issue: 7982 / Categories: Case law , In Court , Law digest
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Conflict of laws

Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB) [2022] All ER (D) 37 (May)

The Queen’s Bench Division ruled that the authorities provided no support for the proposition that continued seisin was confined to ‘in time’ appeals. The court so ruled, in dismissing the defendant Italian based law firm’s appeal against an order, dismissing its application to stay the claimant barrister’s claim for professional fees (the London claim) on the grounds of lis alibi pendens, pursuant to Art 29 of Brussels 1 Recast Regulation 1215/2012 (prior to the Withdrawal Agreement). The jurisdictional dispute concerned the priority between the London claim and the law firm’s prior and mirror action in Palermo, which sought a declaration of non-liability in respect of the barrister’s claim. The court held, among other things, that the judge had wrongly interpreted Moore v Moore [2007] All ER (D) 158 (Apr) as limiting the extension of lis pendens under Art 29 of the Regulation to circumstances where an ‘in time’ appeal

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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