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Law digests: 9 July 2021

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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