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Weekly law digests

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

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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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