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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

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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