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Law digests: 31 January 2025

31 January 2025
Issue: 8102 / Categories: Case law , In Court , Law digest
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Arbitration

Google LLC and another company v Nao Tsargrad Media and other companies [2025] EWHC 94 (Comm)

The Commercial Court determined that the YouTube jurisdiction clause in the terms of service constituted an exclusive jurisdiction clause in favour of the English courts, despite arguments by the defendants that it was a non-exclusive clause. The court rejected the defendants’ contention that they were entitled to sue in Russia pursuant to the ‘mandatory law’ proviso in the clause. The court held that the claimants did not submit to the jurisdiction of the Russian courts, as they had consistently challenged jurisdiction and were compelled to argue the merits simultaneously under Russian procedure. The court concluded that it was just and convenient to grant final anti-enforcement injunctions against the defendants, preventing them from enforcing Russian judgments obtained in breach of the exclusive jurisdiction clause outside of Russia.


Expert evidence

Kington SARL v Thames Water Utilities Holdings Ltd [2025] EWHC 84 (Ch)

This was an application by Kington for permission to adduce expert evidence from a competition

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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