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17 November 2023
Issue: 8049 / Categories: Case law , In Court , Law digest
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Law digests: 17 November 2023

Arbitration

Betta Oceanway Company v SC Tomini Trading SRL [2023] EWHC 2707 (Comm), [2023] All ER (D) 32 (Nov)

The Commercial Court dismissed the claimant’s application to set aside the order under s 68 of the Arbitration Act 1996 on grounds of serious irregularity falling within s 68.2(a) and/or (b), namely failure by the tribunal to comply with its general duty of fairness under s 33 of the Act and exceeding its powers. It was accepted that unless the court was persuaded that procedural order 6 was indeed an award, the application was bound to fail. It was submitted that procedural order 6 in substance amounted to an impermissible attempt to vary procedural order 5, which was itself an award, accordingly, procedural order 6 was therefore itself an award by extension. The court held that procedural order 5 was not an award. On that basis it could not realistically be argued that procedural order 6 was an award or in effect an addendum to that award.


Freedom of expression

Adil v General Medical Council [2023] EWCA Civ 1261, [2023]

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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

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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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