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13 May 2022
Issue: 7978 / Categories: Case law , In Court , Law digest
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Law digests: 13 May 2022

Arbitration

Sangamneheri v The Chartered Institute of Arbitrators and others [2022] EWHC 886 (Comm) [2022] All ER (D) 71 (Apr)

The Commercial Court allowed the defendants’ applications and dismissed all of the claimant’s claims and applications. The underlying claim which the claimant sought to pursue by way of arbitration proceedings was for damages for breach of a contract. The court held that (i) the defendants’ applications under CPR 3.4 (2) to strike out the claims brought against them by the claimant and in the alternative for summary judgment pursuant to CPR 24.2 should be allowed; (ii) the claimant’s applications for ‘default’ judgment on his Pt 8 claim, for a declaration that the arbitration was void ab initio, and for joinder of the law firm, who had acted for the defendant in defending the claims the claimant had previously brought against him, and the former managing partner of the law firm to his Pt 7 claim should be dismissed; and (iii) the defendants’ application for an ECRO against the claimant should be allowed.


Divorce

Goddard-Watts

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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