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09 July 2021
Issue: 7940 / Categories: Case law , In Court , Law digest
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Law digests: 9 July 2021

Arbitration

Betamax Ltd v State Trading Corp (Mauritius) [2021] UKPC 14, [2021] All ER (D) 77 (Jun)

On an appeal from the Supreme Court of Mauritius, the appellant company submitted that the court had erred in finding that an arbitrator had erred in its determination of the legality of the contract that the appellant was seeking to enforce. The Privy Council, directing that the appeal be allowed, held that the Supreme Court was in error in reviewing the decision of the arbitrator that the contract was unenforceable on public law grounds; the arbitrator’s decision was final and binding on the parties and therefore no issue arose as to whether the award was in conflict with the public policy of Mauritius


Costs

Re Moskalev Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch), [2021] All ER (D) 65 (Jun)

In proceedings to determine what, if any, order on costs should be made in respect of an application to set aside a statutory demand, following the respondent’s withdrawal of the demand, the Chancery Division

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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