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25 October 2018
Issue: 7814 / Categories: Case law , Law digest , In Court
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Weekly law digests

Arbitration

A v B [2018] EWHC 2325 (Comm), [2018] All ER (D) 81 (Oct)

The claimant owners’ applications to challenge an award for serious irregularity failed, in a claim relating to the time-chartering of a vessel. The Commercial Court held that, among other things, the delay in the case had not constituted a basis of challenge. Nor had the court erred in its assessment of damages.

Company

Crumpler and another (Joint liquidators of Peak Hotels and Resorts Ltd in liquidation) v Candey Ltd [2018] EWCA Civ 2256, [2018] All ER (D) 78 (Oct)

The appellant liquidators’ appeal failed, in a case concerning money paid into court as security for the respondent solicitors’ fees, by a company that had entered liquidation. The Court of Appeal, Civil Division, held that the company had retained the property in the money that it had paid into court, the money had thus continued to be one of its existing assets, and so it had been able to charge its interest in it to the solicitors by the charge.

Contract

University of Technology, Mauritius v Gopeechand (Mauritius) [2018] UKPC 26,

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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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