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Law digests: 8 March 2024

08 March 2024
Issue: 8062 / Categories: Case law , In Court , Law digest
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Arbitration

H1 and another v W and others [2024] EWHC 382 (Comm), [2024] All ER (D) 155 (Feb)

The Commercial Court held that W should be removed as arbitrator pursuant to section 24(1) of the Arbitration Act 1996 on grounds of apparent bias. The claimants (the insurer) had sought the removal of W, a British Film Institute nominated arbitrator, from his role in determining an insurance dispute. The insurer complained that statements made by W, concerning his knowledge of the insured’s factual and expert witnesses, give rise to an apprehension that he has pre-determined favourable views of those witnesses and pre-determined negative views of the insurer’s witnesses. It also complained about the inconsistency of explanations given by W as to the nature and extent of his relationships with the insured witnesses. The court held that the arbitrator had expressed a clear view that it was not necessary for them to be called because: ‘I know them all personally extremely well on the [insured’s] side.’ That was not an expression of a balanced and impartial

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NEWS
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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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