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21 July 2023
Issue: 8034 / Categories: Case law , In Court , Law digest
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Law digests: 21 July 2023

Arbitration

Global Aerospares Ltd v Airest AS [2023] EWHC 1430 (Comm), [2023] All ER (D) 25 (Jul)

The Business and Property Courts, dismissing the claim for directions that the court name an arbitrator pursuant to s 18 of the Arbitration Act 1996, which provided for the court to give directions where there was a failure of the procedure for the appointment of the arbitral tribunal, held that the claimant had not validly served a request to arbitrate so that the process for the appointment of an arbitrator had not validly begun and, accordingly, the claim was dismissed.


Contempt

Norman and another v Adler and another [2023] EWCA Civ 785, [2023] All ER (D) 33 (Jul)

The Court of Appeal, Civil Division, dismissed the appellants’ appeal from a decision which had refused their application for permission to apply for an order of committal under CPR 81 against the respondent police officers. The appellants alleged that: (i) the judge had failed to have any or any adequate regard to the decision in Berry

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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