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01 August 2019
Issue: 7851 / Categories: Case law , In Court , Law digest
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Weekly law digests

Conflict of laws

Holgate v Addleshaw Goddard (Scotland) LLP [2019] EWHC 1793 (Ch), [2019] All ER (D) 118 (Jul)

The claimant’s application for a declaration that, among other things, the courts of England and Wales had no power under the Civil Jurisdiction and Judgments Act 1982 to determine any of the causes in issue failed. Among other things, the court held that an anchor claim issued after the relevant claim was capable of conferring judgment, provided that the other requirements of the anchor provisions were satisfied.

Divorce

H v W [2019] EWHC 1897 (Fam), [2019] All ER (D) 101 (Jul)

The husband’s application, under ss 68 and 69 of the Arbitration Act 1996, to vary an amended arbitration award by removing the award of spousal maintenance, was dismissed. The Family Division held that s 69 concerned an appeal in relation to an error of law, whereas the husband’s complaints concerned the arbitrator’s conduct of the arbitration and his assessment of income and needs. Further, the court ruled that there had been no serious

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MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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