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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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