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06 December 2024
Issue: 8097 / Categories: Case law , In Court , Law digest
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Law digests: 6 December 2024

Arbitration

Bugsby Property Llc and another company v Omni Bridgeway (Fund 5) Cayman Investments Ltd and another company [2024] EWHC 2986 (Comm)

The claimants failed to show a good arguable case that clause 19.2 of the variation agreement is an arbitration agreement and the application falls to be dismissed. Even if clause 19.2 is an arbitration agreement, the claimants failed to show a good arguable case that the tribunal has jurisdiction under clause 19.2 to determine the disputes, in circumstances where an arbitration has already been commenced by the first defendant under s 10.2 of the Omni Litigation Funding Agreement (Omni LFA). Alternatively, the court declined to exercise its discretion under s 18 of the Arbitration Act 1996 to appoint an arbitrator in the circumstances.


Contract

Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union; Revenue and Customs Commissioners v Public and Commercial Services Union; Secretary of State for the Home Department v Public and Commercial Services Union [2024] UKSC 41

This appeal before the Supreme Court concerned the application

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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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