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Law digests: 6 November 2020

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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MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
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