header-logo header-logo

Law digests: 13 December 2024

13 December 2024
Issue: 8098 / Categories: Case law , In Court , Law digest
printer mail-detail

Arbitration

Barclays Bank Plc v VEB.RF [2024] EWHC 3088 (Comm)

The court determined that the notice served by the claimant requiring the defendant to withdraw the arbitration and commence proceedings in the English courts was valid under clause 13(b)(ii) and (iii) of the contractual agreement between the parties. The court ruled that the defendant’s arguments of formal invalidity and waiver/estoppel regarding the claimant’s exercise of its contractual right under clause 13(b)(ii) were unsubstantiated. The court granted the claimant declarations that the arbitral tribunal constituted under LCIA rules had no jurisdiction to determine the dispute between the parties, and allowed the claimant’s application to vary the terms of the final anti-suit injunction granted earlier.


Contract

JMW Solicitors LLP and others v Injury Lawyers 4U Ltd and others [2024] EWHC 3103 (Ch)

This was an application for reverse summary judgment in the High Court. The court determined that the claimants’ claims based on breach of contract (clause 4.3 of the supplemental deed), collateral warranty, and estoppel by convention had no real prospect

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll