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13 December 2024
Issue: 8098 / Categories: Case law , In Court , Law digest
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Law digests: 13 December 2024

Arbitration

Barclays Bank Plc v VEB.RF [2024] EWHC 3088 (Comm)

The court determined that the notice served by the claimant requiring the defendant to withdraw the arbitration and commence proceedings in the English courts was valid under clause 13(b)(ii) and (iii) of the contractual agreement between the parties. The court ruled that the defendant’s arguments of formal invalidity and waiver/estoppel regarding the claimant’s exercise of its contractual right under clause 13(b)(ii) were unsubstantiated. The court granted the claimant declarations that the arbitral tribunal constituted under LCIA rules had no jurisdiction to determine the dispute between the parties, and allowed the claimant’s application to vary the terms of the final anti-suit injunction granted earlier.


Contract

JMW Solicitors LLP and others v Injury Lawyers 4U Ltd and others [2024] EWHC 3103 (Ch)

This was an application for reverse summary judgment in the High Court. The court determined that the claimants’ claims based on breach of contract (clause 4.3 of the supplemental deed), collateral warranty, and estoppel by convention had no real prospect of success at trial. The court granted summary judgment to the

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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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