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Law digests: 6 December 2024

06 December 2024
Issue: 8097 / Categories: Case law , In Court , Law digest
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Arbitration

Bugsby Property Llc and another company v Omni Bridgeway (Fund 5) Cayman Investments Ltd and another company [2024] EWHC 2986 (Comm)

The claimants failed to show a good arguable case that clause 19.2 of the variation agreement is an arbitration agreement and the application falls to be dismissed. Even if clause 19.2 is an arbitration agreement, the claimants failed to show a good arguable case that the tribunal has jurisdiction under clause 19.2 to determine the disputes, in circumstances where an arbitration has already been commenced by the first defendant under s 10.2 of the Omni Litigation Funding Agreement (Omni LFA). Alternatively, the court declined to exercise its discretion under s 18 of the Arbitration Act 1996 to appoint an arbitrator in the circumstances.


Contract

Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union; Revenue and Customs Commissioners v Public and Commercial Services Union; Secretary of State for the Home Department v Public and Commercial Services Union [2024] UKSC 41

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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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