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Law digests: 9 December 2022

09 December 2022
Issue: 8006 / Categories: Case law , In Court , Law digest
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Arbitration

DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555, [2022] All ER (D) 77 (Nov)

The Court of Appeal, Civil Division, dismissed the appellant’s appeal against the decision of the Commercial Court that the arbitrator had no jurisdiction. The issue on the appeal was whether a proposed charterparty which was expressly stated to be ‘subject shipper/receivers approval’ contained a binding arbitration agreement conferring jurisdiction on an arbitrator to determine whether the charterparty contract had been concluded. The court held, among other things, that the judge was right to conclude that the arbitrator had no substantive jurisdiction and that his award should be set aside pursuant to s 67 of the Arbitration Act 1996.


Consumer credit

Steiner (on her own behalf and as executor and personal representative of the estate of Paul Steiner) v National Westminster Bank plc [2022] EWHC 2519 (KB), [2022] All ER (D) 80 (Nov)

The King’s Bench Division dismissed the claimant’s (Mrs S’s) appeal against the judge’s decision, on a preliminary

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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