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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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