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25 September 2026
Issue: 8178 / Categories: Legal News , Arbitration , Dispute resolution
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NLJ this week: A point not pleaded

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The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced

In Stonegate Farmers v Chucks Farm, a dispute over egg supplies and Lion Code registration, the arbitrator found Stonegate had to release the registration when the contract expired, and awarded damages.

Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, and Dr Lal Akhter, barrister at Gaskell Law, explain that the term first appeared in the award. Stonegate then received only one clear working day to respond under s 57 of the Arbitration Act 1996. Judge Russen KC found the point had come ‘out of the blue’, breaching the s 33 duty of fairness and causing substantial injustice under s 68. The award was remitted.

Arbitrators may develop their own analysis, but parties must have a meaningful chance to address a new, potentially decisive point.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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