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11 May 2018
Issue: 7792 / Categories: Case law , Law digest , In Court
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Weekly law digests

Arbitration

Dreymoor Fertilisers Overseas PTE Ltd v Eurochem Trading GMBH [2018] EWHC 909 (Comm), [2018] All ER (D) 17 (May)

The claimant company’s challenge to the jurisdiction of an arbitrator in a dispute concerning alleged corrupt arrangements in the sale of fertiliser products failed. The Commercial Court held that the arbitrator had had jurisdiction in both of the arbitrations under consideration, and his partial final award would be allowed to stand.

Conflict of laws

Dell Emerging Markets (EMEA) Ltd and others v Systems Equipment Telecommunications Services S.A.L. [2018] EWHC 702 (Comm), [2018] All ER (D) 14 (May)

The Commercial Court granted an application by the claimant companies, which included Dell Computer SA, for an anti-suit injunction to restrain the defendant distributor company (SETS) from continuing Lebanese proceedings for the alleged breach of an international distribution agreement (the agreement). The court ruled that the test for an anti-suit injunction had been met in relation to Dell Computer SA and that the fact that the agreement, which contained an English exclusive jurisdiction clause, would be regarded

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

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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