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13 April 2018
Issue: 7788 / Categories: Case law , Law digest , In Court
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Weekly law digests

Accountant

R (on the application of Lewin) v Financial Reporting Council Ltd and others [2018] EWHC 446 (Admin) [2018] All ER (D) 178 (Mar)

Publication of the third defendant tribunal’s full report, finding the interested parties guilty of misconduct and also making unqualified findings of serious wrongdoings by the claimant, would not be unfair or unlawful. The Administrative Court, in dismissing the claimant’s application for judicial review, further held that fairness had required that the tribunal should have considered including a disclaimer, but that any interference with the claimant’s rights under Art 8 of the European Convention on Human Rights would be justified.

Arbitration

SEA2011 Inc v ICT Ltd [2018] EWHC 520 (Comm) [2018] All ER (D) 174 (Mar)

The Technology and Construction Court dismissed the claimant company’s challenge to an arbitrator’s jurisdiction, under s 67 of the Arbitration Act 1996. The jurisdictional challenge related to an arbitration which the defendant company had brought against the claimant, pursuant to an arbitration agreement in a sales agency agreement. The claimant submitted that the defendant was not a party to that agreement, because, at the relevant date,

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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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