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23 March 2018
Issue: 7786 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Arbitration

Jiangsu Shagang Group Co Ltd v Loki Owning Company Ltd [2018] EWHC 330 (Comm) [2018] All ER (D) 23 (Mar)

The appeal of the claimant company (JSG) against a preliminary finding of arbitrators in a shipping dispute succeeded. The arbitrators had found that there had been a valid arbitration agreement between the defendant owner and JSG. The Commercial Court held that the owner had not established that a guarantee by which JSG would guarantee the obligations of a third party had been properly authorised by JSG. Accordingly, there had been no valid arbitration agreement between the parties, and the arbitrators had lacked jurisdiction.

Contract

Lehman Brothers Special Financing Inc v National Power Corporation and another [2018] EWHC 487 (Comm) [2018] All ER (D) 85 (Mar)

The Financial List construed the close-out provisions in the 2002 version of the International Swaps and Derivatives Association (ISDA) Master Agreement in the course of proceedings brought by Lehman Brothers Special Financing Inc (LBSF) concerning the calculation of the close-out amount due following the collapse of Lehman Brothers, and

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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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