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Law digests: 9 December 2022

09 December 2022
Issue: 8006 / Categories: Case law , In Court , Law digest
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Arbitration

DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555, [2022] All ER (D) 77 (Nov)

The Court of Appeal, Civil Division, dismissed the appellant’s appeal against the decision of the Commercial Court that the arbitrator had no jurisdiction. The issue on the appeal was whether a proposed charterparty which was expressly stated to be ‘subject shipper/receivers approval’ contained a binding arbitration agreement conferring jurisdiction on an arbitrator to determine whether the charterparty contract had been concluded. The court held, among other things, that the judge was right to conclude that the arbitrator had no substantive jurisdiction and that his award should be set aside pursuant to s 67 of the Arbitration Act 1996.


Consumer credit

Steiner (on her own behalf and as executor and personal representative of the estate of Paul Steiner) v National Westminster Bank plc [2022] EWHC 2519 (KB), [2022] All ER (D) 80 (Nov)

The King’s Bench Division dismissed the claimant’s (Mrs S’s) appeal against the judge’s decision, on a preliminary issue, that no debtor-creditor-supplier agreement had existed between the

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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