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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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