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02 May 2025
Issue: 8114 / Categories: Case law , In Court , Law digest
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Law digests: 2 May 2025

Arbitration

CC/Devas (Mauritius) Ltd and other companies v The Republic of India [2025] EWHC 964 (Comm)

The Commercial Court held that for the purposes of enforcement of arbitration awards against states under the New York Convention 1958 (NYC), ratification of the NYC by a state does not constitute submission to the jurisdiction of English courts by a ‘prior written agreement’ under s 2(2) of the State Immunity Act 1978. The reference to ‘rules of procedure’ in Article III of the NYC preserves state immunity, and ratification alone does not meet the test of an express, unequivocal waiver of immunity required under English law.


Costs

Franklin v Your Lawyers Ltd [2025] EWHC 984 (SCCO)

This was an appeal hearing concerning the costs of proceedings brought by the claimant to obtain delivery of a final statute bill from the defendant solicitors. The Senior Courts Costs Office found the claimant had complied with the pre-action protocol by making reasonable requests over time for the bill before commencing proceedings. The defendant did not justify its lack of response to those requests. The proceedings

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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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