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,