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30 May 2014
Issue: 7608 / Categories: Case law , Law digest , In Court
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Natural justice

Otkritie International Investment Management Ltd and others v Urumov [2014] EWHC 1323 (Comm), [2014] All ER (D) 80 (May)

It was clear from the authorities that apparent bias was not demonstrated by the mere fact that a judge, earlier in the same case or a previous case, had commented adversely on a party or a witness, or found the evidence of a party or witness to be unreliable. The fact that the judge had expressed himself, in part, in clear terms would not necessarily justify any different conclusion. As to the question of “overlap” or “identity of issue”, although “identity of issue” was a test easier to apply than “analogy” or “overlap”, absolute identity would lead in the direction of issue estoppel (at least in civil matters) and would not matter. In any event, the judge’s findings were part of the res gestae of the proceedings which would need to be considered anyway for any relevance in the context of any committal proceedings.

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
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 
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
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’
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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