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23 May 2019
Issue: 7841 / Categories: ln court , Law digest
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Weekly law digests

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Arbitration

K and other v P and others [2019] EWHC (Comm), [2019] All ER (D) 168 (Mar)

The claimant buyers’ application to challenge an arbitration award succeeded. The Commercial Court held that there had been serious irregularity that had resulted in substantial injustice. Consequently, the matter would be referred to the existing tribunal for reconsideration.

Contract

Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2019] EWCA Civ 823, [2019] All ER (D) 88 (May)

In construing a clause in an agreement between the parties for the development of an ice rink, the Court of Appeal, Civil Division dismissed the appellant developer’s appeal. It held that the appellant’s decision to delay its fulfilment of a contractual obligation to secure a clear title to the development site until after it had secured funding for the development meant that it had failed to use ‘reasonable endeavours’ to comply with the obligation.

Coroner

R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire (Chief Coroner of England and Wales intervening) [2019] EWCA

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
NLJ this week: Mazur ruling puts firms on supervision alert
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
NLJ this week: Landlords’ forced entry powers spark legal divide
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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