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Law digests: 19 March 2021

17 March 2021
Issue: 7925 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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