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13 February 2026
Issue: 8149 / Categories: Case law , In Court , Law digest
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Law digests: 13 February 2026

Arbitration

The Republic of India v CC Devas (Mauritius) Ltd (in administration) and other companies [2026] EWHC 156 (Comm)

The Commercial Court determined four threshold issues concerning an application under s 45 of the Arbitration Act 1996 brought by the Republic of India against three Mauritian companies. The application sought determination of whether a tribunal seated in England must apply Mauritian law to determine who has authority to instruct lawyers in an arbitration. The court held that: (1) consent to a s 45 application by corporate parties is not limited to representatives recognised by the arbitral tribunal; (2) a s 45 application is not an impermissible challenge to a tribunal’s procedural order; (3) s 45 is not limited to prospective questions of law but can address questions already decided by a tribunal; and (4) s 45 is not ousted merely because the substantive law is international law, as the law of the seat governs procedural matters. The court ruled it had jurisdiction to determine the question of law raised, though made

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Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

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Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
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