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Weekly law digests

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18 May 2018
Issue: 7793 / Categories: Case law , Law digest , In Court
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Arbitration

Reliance Industries Ltd and another company v Union of India [2018] EWHC 822 (Comm), [2018] All ER (D) 58 (May)

The claimants succeeded on only one of nine challenges to the findings of an arbitral tribunal. The proceedings concerned numerous issues arising from agreements that permitted the claimants to exploit petroleum reserves in India. The Commercial Court held that the tribunal had failed to properly consider the claimants’ case that some categories of development costs should be recoverable.

Contempt of court

Calderdale and Huddersfield NHS Foundation Trust v Atwal [2018] EWHC 961 (QB), [2018] All ER (D) 16 (May)

The defendant was in contempt of court as a result of fraudulently exaggerating the continuing effect of his injuries in relation to a claim for damages for clinical negligence against the claimant NHS Trust. The Queen’s Bench Division found that 14 allegations of contempt of court had been proven against the defendant, with the penalty to be imposed in due course.

European Union

Conseils et mise en relations SARL v Demeures terre et tradition SARL

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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
NLJ this week: Looking back on the prorogation that never was
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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