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Law digests: 17 November 2023

17 November 2023
Issue: 8049 / Categories: Case law , In Court , Law digest
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Arbitration

Betta Oceanway Company v SC Tomini Trading SRL [2023] EWHC 2707 (Comm), [2023] All ER (D) 32 (Nov)

The Commercial Court dismissed the claimant’s application to set aside the order under s 68 of the Arbitration Act 1996 on grounds of serious irregularity falling within s 68.2(a) and/or (b), namely failure by the tribunal to comply with its general duty of fairness under s 33 of the Act and exceeding its powers. It was accepted that unless the court was persuaded that procedural order 6 was indeed an award, the application was bound to fail. It was submitted that procedural order 6 in substance amounted to an impermissible attempt to vary procedural order 5, which was itself an award, accordingly, procedural order 6 was therefore itself an award by extension. The court held that procedural order 5 was not an award. On that basis it could not realistically be argued that procedural order 6 was an award or in effect an addendum to that award.


Freedom of expression

Adil v General Medical

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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