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05 September 2019
Issue: 7854 / Categories: Case law , In Court , Law digest
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Weekly law digests

Contract

Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC), [2019] All ER (D) 86 (Aug)

The clear purpose of cl 11.2 in the agreement between the parties was the mandatory requirement to operate the dispute resolution procedure in cl 11 before the parties became entitled to institute proceedings. Although the term 'condition precedent' was not used, the words used were clear that the right to commence proceedings was subject to the failure of the dispute resolution procedure, including the mediation process. Accordingly, the agreement contained a dispute resolution provision that operated as a condition precedent to the commencement of legal proceedings. Consequently, the Technology and Construction Court ordered a stay of the proceedings to allow the parties to arrange and attend a mediation.

Employment

Hinrichs and others v Oracle Corporation UK Ltd UKEAT/0194/18/RN, [2019] All ER (D) 76 (Aug)

The Central Arbitration Committee (CAC) had correctly decided that in exceptional circumstances affecting employees' interests, where para 8 of Sch 1 to the Transnational Information and Consultation of Employees Regulations

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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