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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

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
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