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01 June 2018
Issue: 7795 / Categories: Case law , Law digest , In Court
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Weekly law digests

Conflict of laws

Atlas Power Ltd and others v National Transmission and Despatch Company Ltd [2018] EWHC 1052 (Comm), [2018] All ER (D) 132 (May)

Notwithstanding that the relevant agreements to arbitrate were governed by the law of Pakistan, where the parties had chosen London as the seat of the arbitration concerning a dispute over sums allegedly owed, and where the arbitrator had confirmed that, the Commercial Court held that the claimant Pakistan-registered companies were entitled to a final anti-suit injunction to restrain the defendant national grid company, owned by the Government of Pakistan, from challenging a partial final award made in the London arbitration by way of proceedings in Pakistan or in any jurisdiction other than England and Wales. The court rejected the contention that the courts in Pakistan had concurrent supervisory jurisdiction.

Costs

Lord Ltd v HSBC Bank plc [2018] EWHC 860 (Comm) [2018], All ER (D) 07 (May)

The defendant HSBC Bank’s application for security for costs against the claimant company succeeded, in a dispute in which the claimant alleged that

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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
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