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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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