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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 contract

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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