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Law digests: 17 January 2025

17 January 2025
Issue: 8100 / Categories: Case law , In Court , Law digest
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Contract

Salem and another v Salem and others [2024] EWHC 3311 (Ch)

This was an application seeking summary dismissal of an application to enforce a term in a settlement deed. The court held that the relevant term (clause 6.5) was an unenforceable ‘agreement to agree’ on expert determination, as there were no sufficiently objective criteria to assess the reasonableness of the parties’ endeavours to agree a binding process. Even if clause 6.5 was binding, the court found that it imposed a time-limited obligation on the parties to agree a binding process for expert determination, unless an extension was agreed in writing.


Costs

Lewis v Francis and another [2025] EWHC 17 (Admin)

The primary question was whether the magistrates' court was correct in law to determine that it had the power to order costs against the applicant where the finding of an unnecessary act was on the basis that the evidence presented was too weak to satisfy the criminal standard of proof. The court ruled that the district judge's decision to order

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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