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Weekly law digests

29 March 2018
Issue: 7787 / Categories: Case law , Law digest
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Arbitration

Allianz Insurance plc (Formerly Cornhill Insurance plc) and another v Tonicstar Ltd (on its own behalf and behalf of the other corporate members of Lloyd’s Syndicates 62, 1861 and 2255) [2018] EWCA Civ 434 [2018] All ER (D) 125 (Mar)

A Queen’s Counsel who had practised as a barrister specialising in the field of insurance and reinsurance for more than ten years satisfied the requirement in cl 15.5 of the Joint Excess Loss Committee, 1997 Edition. In so doing, the Court of Appeal, Civil Division, overruled an unreported decision that had been followed in the High Court.

Building contract

Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) [2018] All ER (D) 124 (Mar)

The claimant company’s claim to enforce the decision of an adjudicator in a construction dispute succeeded, as its submission that an oral contract had been formed was preferred. The Technology and Construction Court stressed the court’s general approach in respect to adjudication enforcement and held that the adjudicator had been correct to find that a binding oral

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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