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

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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