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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

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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