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25 September 2026
Issue: 8178 / Categories: Legal News , Arbitration , Dispute resolution
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NLJ this week: A point not pleaded

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The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced

In Stonegate Farmers v Chucks Farm, a dispute over egg supplies and Lion Code registration, the arbitrator found Stonegate had to release the registration when the contract expired, and awarded damages.

Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, and Dr Lal Akhter, barrister at Gaskell Law, explain that the term first appeared in the award. Stonegate then received only one clear working day to respond under s 57 of the Arbitration Act 1996. Judge Russen KC found the point had come ‘out of the blue’, breaching the s 33 duty of fairness and causing substantial injustice under s 68. The award was remitted.

Arbitrators may develop their own analysis, but parties must have a meaningful chance to address a new, potentially decisive point.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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