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Weekly law digests

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23 March 2018
Issue: 7786 / Categories: Case law , Law digest , In Court
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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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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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