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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

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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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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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