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Weekly law digests

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23 May 2019
Issue: 7841 / Categories: ln court , Law digest
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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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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
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
NLJ this week: Drawing the line on contempt
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
NLJ this week: Stop and search by the numbers
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
NLJ this week: Looking back on the prorogation that never was
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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