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07 February 2019
Issue: 7827 / Categories: Case law , In Court , Law digest
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Weekly law digests

Arbitration

HPOR Servicos De Consultoria Ltda v DryShips Inc and another company [2018] EWHC 3451 (Comm), [2019] All ER (D) 111 (Jan)

The majority of an arbitration tribunal had not erred in concluding that the claimant Brazilian special purpose vehicle (HPOR) had to forfeit pre- and post-termination remuneration in respect of an agency agreement entered into with the defendant companies, in circumstances where HPOR had been found to have breached its fiduciary duties to them. The Commercial Court ruled, among other things, that the present case concerned serious breaches and was exactly the kind of case where forfeiture of remuneration was appropriate. However, the court ruled that the majority of the tribunal had erred in apparently considering that the case concerned the remedy of an account of profits.

Copyright

British Broadcasting Corporation and another company v Mechanical-Copyright Protection Society Ltd and other companies (ITV Networks Ltd intervening) [2018] EWHC 2931 (Ch), [2018] All ER (D) 177 (Nov)

The Chancery Division considered the powers of the Copyright Tribunal (the tribunal), in a dispute concerning four licences that the defendants held with the claimant organisations

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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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