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25 October 2018
Issue: 7814 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Arbitration

A v B [2018] EWHC 2325 (Comm), [2018] All ER (D) 81 (Oct)

The claimant owners’ applications to challenge an award for serious irregularity failed, in a claim relating to the time-chartering of a vessel. The Commercial Court held that, among other things, the delay in the case had not constituted a basis of challenge. Nor had the court erred in its assessment of damages.

Company

Crumpler and another (Joint liquidators of Peak Hotels and Resorts Ltd in liquidation) v Candey Ltd [2018] EWCA Civ 2256, [2018] All ER (D) 78 (Oct)

The appellant liquidators’ appeal failed, in a case concerning money paid into court as security for the respondent solicitors’ fees, by a company that had entered liquidation. The Court of Appeal, Civil Division, held that the company had retained the property in the money that it had paid into court, the money had thus continued to be one of its existing assets, and so it had been able to charge its interest in it to the solicitors by the charge.

Contract

University

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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