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05 September 2014
Issue: 7620 / Categories: Case law , Law digest , In Court
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Shipping

Viscous Global Investment Ltd v Palladium Navigation Corporation [2014] EWHC 2654 (Comm), [2014] All ER (D) 295 (Jul)

The parties contracted to transport rice under bills of lading that contained a number of different arbitration clauses. The claimant sought security from the defendant, which sent a letter of understanding setting out an arbitration procedure. A dispute arose as to alleged damage to the rice. The defendant submitted that the letter was not to be relied upon in determining how the arbitration should be carried out. The Commercial Court held that the claimant had validly commenced arbitration and the arbitral tribunal had jurisdiction to determine all the claims made by the claimant under the bills of lading.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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