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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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MOVERS & SHAKERS

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Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS
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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
NLJ this week: Why GP complaints are going nowhere
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
NLJ this week: Prenups meet a jurisdictional brick wall
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
NLJ this week: Has Rylands v Fletcher come back from the dead?
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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