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

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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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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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