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24 March 2023
Issue: 8018 / Categories: Case law , In Court , Law digest
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Law digests: 24 March 2023

Arbitration

National Iranian Oil Co v Crescent Petroleum Company International Ltd and another company [2022] EWHC 1645 (Comm), [2022] All ER (D) 125 (Jun)

The Commercial Court refused the respondent’s application for permission to appeal against an award under s 69 of the Arbitration Act 1996 (AA 1996). The dispute between the parties arose under a gas sales and purchase contract (GSPC) whereby the respondent agreed to supply and sell, and the first applicant agreed to purchase, specified quantities of natural gas for a 25-year period. The respondent failed to deliver the gas and the applicants terminated the GSPC and commenced arbitration. The court held, among other things, that (i) the parties were to be regarded as having preserved their right of appeal under s 69, AA 1996; and (ii) permission to appeal had to be refused on the basis that not all of the statutory hurdles within AA 1996 had been met, specifically the requirement that it had to be shown that the tribunal’s decision was obviously wrong.


Defamation

Banks v Cadwalladr [2023] EWCA Civ 219, [2023] All ER (D)

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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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