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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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