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08 March 2024
Issue: 8062 / Categories: Case law , In Court , Law digest
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Law digests: 8 March 2024

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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The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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