header-logo header-logo

17 March 2021
Issue: 7925 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 19 March 2021

Contract

Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC), [2021] All ER (D) 33 (Mar)

The claimant company’s application for summary judgment to enforce the decision of an adjudicator in a construction dispute succeeded. The defendant company’s sole defence was that the judgment was unenforceable in the English courts. The Technology and Construction Court held that there had been no need for the British government to make any declaration in respect of construction contracts under and in accordance with art 21 of the 2005 Hague Convention, because the enforcement of an adjudicator’s decision was already permitted by art 7. An application for summary judgment to enforce an adjudicator’s decision was an interim measure of protection within art 7 of the convention. The court was not required to suspend or dismiss the proceedings.


European arrest warrant

Svishtov Regional Prosecutor’s Office v PI C-648/20 PPU, [2021] All ER (D) 39 (Mar)

The Advocate General’s Opinion proposed that the Court of Justice of the European Union should answer the question

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll