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Weekly law digests

13 September 2018
Issue: 7808 / Categories: Case law , Law digest , In Court
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Building contract

Maelor Foods Ltd v Rawlings Consulting (UK) Ltd [2018] EWHC 1878 (QB), [2018] All ER (D) 177 (Jul)

The claimant employer’s CPR Pt 8 claim, seeking the court’s determination of issues of law which arose in an adjudication, was the subject matter of an arbitration agreement. Accordingly, the Technology and Construction Court, allowed the defendant contractor’s application to stay proceedings.

Costs

Ashdown and others v Griffin and others [2018] EWCA Civ 1793, [2018] All ER (D) 109 (Aug)

Although it was found that the affairs of the company had been conducted in a manner which was unfairly prejudicial to the interests of the petitioners, the respondents were to be regarded as the ‘successful’ parties within the meaning of CPR 44.2(2)(a). The Court of Appeal, Civil Division, held that the petitioners were to pay the respondents costs to be assessed on the standard basis if not agreed.

Family proceedings

Re B (A Child: Immunisation) [2018] EWFC 56, [2018] All ER (D) 11 (Sep)

It was in B, a five-year-old child’s, best welfare interests

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
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
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
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
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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