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Law digests: 6 November 2020

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04 November 2020
Issue: 7909 / Categories: Case law , In Court
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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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NEWS
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NLJ this week: Law Society calls for clarity on AML
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
NLJ this week: Turning corporate liability into opportunity
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
NLJ this week: A prince no more?
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
NLJ this week: Shareholder secrecy sunk
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
NLJ this week: The expanding remit of national security law
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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