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Weekly law digests

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