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05 January 2012 / Roderick Ramage
Issue: 7495 / Categories: Blogs
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Law in 101 words

Snippets from The Reduced Law Dictionary, by Roderick Ramage

Arbitrator not biased

The arbitrator in A v B and X (2011) had previously received instructions from the respective solicitors for each of the parties to the arbitration, and was currently instructed by one of them in proceedings, which had nothing to do with the arbitration. The other solicitors applied to the court to have him removed on the grounds of doubts about his impartiality. The application was dismissed. Clear and credible evidence is needed to meet the common law test of bias under s24(1)(a) of the Arbitration Act 1996. Instructions by one solicitor in another case do not automatically point to a bias.

Barristers’ immunity

1772, R v Skinner: “Neither party, witness, counsel, jury or judge can be put to answer, civilly or criminally, for words spoken in court.”

1967, Rondel v Worsley: no action lay against a barrister for his work in court.

1989, Saif Ali v Sydney Mitchell & Co: a barrister’s immunity from suit extended to preliminary decisions affecting the way in which the cause was conducted at hearing.

2002,

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

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Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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