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Law digests: 13 December 2024

13 December 2024
Issue: 8098 / Categories: Case law , In Court , Law digest
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Arbitration

Barclays Bank Plc v VEB.RF [2024] EWHC 3088 (Comm)

The court determined that the notice served by the claimant requiring the defendant to withdraw the arbitration and commence proceedings in the English courts was valid under clause 13(b)(ii) and (iii) of the contractual agreement between the parties. The court ruled that the defendant’s arguments of formal invalidity and waiver/estoppel regarding the claimant’s exercise of its contractual right under clause 13(b)(ii) were unsubstantiated. The court granted the claimant declarations that the arbitral tribunal constituted under LCIA rules had no jurisdiction to determine the dispute between the parties, and allowed the claimant’s application to vary the terms of the final anti-suit injunction granted earlier.


Contract

JMW Solicitors LLP and others v Injury Lawyers 4U Ltd and others [2024] EWHC 3103 (Ch)

This was an application for reverse summary judgment in the High Court. The court determined that the claimants’ claims based on breach of contract (clause 4.3 of the supplemental deed), collateral warranty, and estoppel by convention had no real prospect

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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