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

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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

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Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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