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24 May 2024
Issue: 8072 / Categories: Case law , In Court , Law digest
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Law digests: 24 May 2024

Contract

Sharp Corp Ltd v Viterra BV (­previously known as Glencore ­Agriculture BV) [2024] UKSC 14, [2024] All ER (D) 31 (May)

The Supreme Court ruled on the appeal and the cross-appeal which arose out of two Grain and Feed Trade Association (GAFTA) appeal awards under the Arbitration Act 1996 relating to cost & freight (C&F) free out Mundra sales made of pulses by the appellant seller to the respondent buyer pursuant to the GAFTA Contract No 24 Default Clause, where damages were awarded by the GAFTA Appeal Board to the appellant on the basis of the estimated C&F free out Mundra value of the goods. The court of Appeal (Civil Division) allowed the respondent’s appeal but did so in relation to a question of law which it had amended by adding to the question the wording ‘in the circumstances found by the Appeal Board in the Awards’. It also held that damages should be awarded on the basis that the contracts had been varied. The Supreme Court, in allowing the appeal, held that although the Court of Appeal did not err in amending

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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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