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13 April 2018
Issue: 7788 / Categories: Case law , Law digest , In Court
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Weekly law digests

Accountant

R (on the application of Lewin) v Financial Reporting Council Ltd and others [2018] EWHC 446 (Admin) [2018] All ER (D) 178 (Mar)

Publication of the third defendant tribunal’s full report, finding the interested parties guilty of misconduct and also making unqualified findings of serious wrongdoings by the claimant, would not be unfair or unlawful. The Administrative Court, in dismissing the claimant’s application for judicial review, further held that fairness had required that the tribunal should have considered including a disclaimer, but that any interference with the claimant’s rights under Art 8 of the European Convention on Human Rights would be justified.

Arbitration

SEA2011 Inc v ICT Ltd [2018] EWHC 520 (Comm) [2018] All ER (D) 174 (Mar)

The Technology and Construction Court dismissed the claimant company’s challenge to an arbitrator’s jurisdiction, under s 67 of the Arbitration Act 1996. The jurisdictional challenge related to an arbitration which the defendant company had brought against the claimant, pursuant to an arbitration agreement in a sales agency agreement. The claimant submitted that the defendant was not

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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