header-logo header-logo

06 December 2024
Issue: 8097 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 6 December 2024

Arbitration

Bugsby Property Llc and another company v Omni Bridgeway (Fund 5) Cayman Investments Ltd and another company [2024] EWHC 2986 (Comm)

The claimants failed to show a good arguable case that clause 19.2 of the variation agreement is an arbitration agreement and the application falls to be dismissed. Even if clause 19.2 is an arbitration agreement, the claimants failed to show a good arguable case that the tribunal has jurisdiction under clause 19.2 to determine the disputes, in circumstances where an arbitration has already been commenced by the first defendant under s 10.2 of the Omni Litigation Funding Agreement (Omni LFA). Alternatively, the court declined to exercise its discretion under s 18 of the Arbitration Act 1996 to appoint an arbitrator in the circumstances.


Contract

Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union; Revenue and Customs Commissioners v Public and Commercial Services Union; Secretary of State for the Home Department v Public and Commercial Services Union [2024] UKSC 41

This

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll