header-logo header-logo

25 September 2026
Issue: 8178 / Categories: Legal News , Arbitration , Dispute resolution
printer mail-detail

NLJ this week: A point not pleaded

259873
© Getty images
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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll