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09 July 2021
Issue: 7940 / Categories: Case law , In Court , Law digest
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Law digests: 9 July 2021

Arbitration

Betamax Ltd v State Trading Corp (Mauritius) [2021] UKPC 14, [2021] All ER (D) 77 (Jun)

On an appeal from the Supreme Court of Mauritius, the appellant company submitted that the court had erred in finding that an arbitrator had erred in its determination of the legality of the contract that the appellant was seeking to enforce. The Privy Council, directing that the appeal be allowed, held that the Supreme Court was in error in reviewing the decision of the arbitrator that the contract was unenforceable on public law grounds; the arbitrator’s decision was final and binding on the parties and therefore no issue arose as to whether the award was in conflict with the public policy of Mauritius


Costs

Re Moskalev Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch), [2021] All ER (D) 65 (Jun)

In proceedings to determine what, if any, order on costs should be made in respect of an application to set aside a statutory demand, following the respondent’s withdrawal of the demand, the Chancery Division held that the appropriate order on costs was that the

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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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