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04 November 2020
Issue: 7909 / Categories: Case law , In Court
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Law digests: 6 November 2020

Arbitration

Haley v Haley [2020] EWCA Civ 1369, [2020] All ER (D) 110 (Oct)

In family proceedings where one party challenged an arbitral award made in the context of litigation concerning applications for financial remedies following divorce, the Court of Appeal, Civil Division, found that challenges to an arbitral award were not limited to the statutory challenges found under the Arbitration Act 1996. The ‘appeals test’ in the Family Procedure Rules 2010 (SI 2010/2955), could be applied to determine whether the court should have declined to make an order in the terms of an arbitral award. Accordingly, the court could exercise its discretion and decline to make an order in the terms of the arbitral award, and could substitute its own order instead, if it determined that the arbitral award was wrong.


European Union

Burgo Group SpA v Gestore dei Servizi Energetici SpA - GSE C-92/19, [2020] All ER (D) 70 (Oct)

Article 12(3) of Directive (EC) 2004/8 should be interpreted as not precluding a provision of national law which allowed cogeneration

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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