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Stay to arbitration : Costs of a successful application for a stay to arbitration normally awarded on an indemnity basis. Commercial Court. 23rd January 2007.
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| by Colman J : Crown Copyright |
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| s69 Challenge : Point of law - preliminary determination regarding interpretation of safe port clause - and quantity to be loaded. Commercial Court. 17th May 2007 |
| by Justice Gloster, DBE: Crown Copyright |
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| Alternative service application : On going saga : discussed role of CPR in respect of management of this dispute which attempts to grow like Topsey. The time scale for issue of a claim was running out and applicant having failed to issue sought permission for alternative service : Application denied. Chancery Division. 9th March 2007 |
| by Mr Justice Lightman : Crown Copyright |
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| Oppressive and vexatious. Court has jurisdiction to determine whether documents that would terminate arbitral proceedings were fraudulent. CA. 6th November 2007 |
| by Waller LJ; Longmore LJ; Sir Peter Gibson. Crown Copyright |
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| Anti-suit injunction : renewal. Granted since respondent would not unconditionally accept that the question as to whether a signature had been forged was solely in the jurisdiction of the English Court - it would be oppressive and unconscionable to allow a duplication of proceedings. 31st July 2007 |
| by Mr Justice Lightman. Crown Copyright |
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| Stay s9 : forum. Multi-faceted dispute : car sales to Malaysia : some aspects subject to Malaysian arbitration : other aspects entirely UK based and not subject to arbitration. Permission to pursue certain claims annulled. Chancery. 23rd January 2007 |
| by Mr Justice Lightman : Crown Copyright |
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| Stay. Jurisdiction : Existence of contract and Malaysian arbitration clause. Held : English Court had first to determine existence of contract before a stay to arbitration could be ordered. Chancery Div. 29th March 2007 |
| by Mr Justice Lightman. Crown Copyright |
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| Abuse of process : successful application for strike out as abusive a claim which should have been raised, but was not raised, in the course of earlier litigation. TCC : 15th January 2007 |
| by Mr Justice Jackson. Crown Copyright |
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| s28 AA 1996 : Application for removal of an arbitrator. Commercial Court. 20th April 2007 |
| by Mr Justice Christopher Clarke. Crown Copyright |
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| Application for removal or arbitrators : s28 AA 1996. Commercial Court. 28th June 2007. |
| by Mr. Justice Andrew Smith : Crown Copyright |
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| Freezing order. Failed application for variations to a freezing order. Commercial Court. 11th October 2007 |
| by Mr Justice Tomlinson: Crown Copyright |
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Freezing orders. ICC arbitration award ? enforced by Italian court. Domestic freezing order and worldwide freezing order made in UK. Paris court of appeal then annulled the arbitral award on the grounds that the arbitration should have been in Spain. Application to annul the freezing orders refused ? a real risk of dissipation of funds. Commercial Court 24th January 2007
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| by Mr Justice David Steel : Crown Copyright |
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| S68 AA 1996 : remitting award to tribunal. Charterparty payment of hire dispute. Failed appeal against refusal of 1st instance judge to remit an award under s68 AA 1996. CA. 17th October 2007 |
| by Waller LJ, Gage LJ; Lawrence Collins LJ. Crown Copyright |
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| Reasons : credibility of witnesses. Judge must give sufficient reasons for the CA to follow the evidence and deduce from it why the decision had been reached. Reasons do not have to be detailed or exhaustive. CA. 8th February 2007 |
| by Tuckey LJ, Arden LJ, Lawrence Collins LJ. Crown Copyright |
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| Challenge s67 - to jurisdiction on grounds that the contract had been repudiated. Commercial Court. 12th June 2007. |
| by Mr Justice Cooke : Crown Copyright |
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| Application for summary enforcement of two awards by the Financial Services Ombudsman in excess of £200K. The Ombudsman had jurisdiction to award up to £100K and the right to recommend additional sums. Held : The court exercised discretionary power to award enforcement by manadatory injunction. Even in the absence of statutory power akin to s66 Arbitration Act 1996, the discretion would not be exercised to enforce an ultra vires award. 25 May 2007 |
| by Mr Justice Lewison. Crown Copyright |
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| Anti-suit injunction. Injunction against attempt through subsequent litigation to circumvent the protections provided by Bermuda Form in relation to dispute settlement of insurance issues. CA. 5th December 2007. |
| by MR; Longmore LJ; Jacob LJ. Crown Copyright |
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| Anti suit injunction to prevent challenge to an award. Commercial Court. 28th June 2007 |
| by Mr Justice Cooke : Crown Copyright |
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| S69 AA 1996 challenge. FOB contract : what terms are required in a letter of credit to comply with the sales contract? Commercial Court. 7th December 2007 |
| by Mr Justice Walker : Crown Copyright |
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| Extension of time to appeal, Chattan Developments Ltd v Reigill Civil Engineering Contractors Ltd [2007] EWHC 305 (TCC). The court granted an extension of time to appeal on condition that costs were paid by the applicant. Due to banking problems the ready availability of the funds was in question and the respondent asked court to determine that accordingly the appeal was dismissed. Court held, in the circumstances the condition had been fulfilled and even if it had not been due to a technicality the overriding purpose of the CPR of serving justice would have justified a further extension. TCC 15th February 2007. |
| by Mr Justice Ramsey : Crown Copyright |
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| Challenge s69 : Question of law regarding a preliminary determination. Failed appeal. TCC 15th February 2007. |
| by Mr Justice Ramsey : Crown Copyright |
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| Privilege; self incrimination: Waiver of privilege: disclosure of documents? admissibility of documents. Commercial Court. 26th January 2007. |
| by Mr Justice David Steel : Crown Copyright |
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| Appeal : point of law : frustration : f.o.b. Whether 1) tribunal erred in law in deciding that two f.o.b. contracts for the sale of cement to Mexico from Indonesia and Taiwan were frustrated by the intervention of Cemex, a company with a monopoly in the supply of cement in Mexico, with the result that no supplier in Asia would supply cement 2)whether the tribunal erred in holding in the alternative that the contracts were subject to an implied term that if suppliers refused to supply cement because of the buyers\\\' intended use of or intended destination, both parties would be discharged from any liability or obligation under the contracts. Commercial Court. 14th September 2007 |
| by Mr Justice Field: Crown Copyright. |
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| Successful application for a stay on the grounds of non compliance with the Pre-action Protocol for Construction and Engineering Disputes. 19th September 2007. |
| by Mr Justice Jackson. Crown Copyright |
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| S67 AA 1996 challenge. Failed challenge to the jurisdictional award of the tribunal. Commercial Court. 5th December 2007 |
| by Mr Justice Simon : Crown Copyright |
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| Costs : damages : Damages for deceit : costs of the action including applications in respect of arbitration. Permission to appeal granted. On-going. Chancery 8th March 2007 |
| by Mr Justice Warren : Crown Copyright |
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| Application for enforcement of a costs award - s66. Commercial Court. 29th June 2007 |
| by Mr Justice Cooke : Crown Copyright |
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| How to divide the common costs of the action. Common costs are non-specific costs general to the action in the sense that they do not relate to the handling of any particular issue and would have been incurred whatever issues were involved and specific common costs which relate to work done on more than one issue in the case, but which are not separated for the purposes of charging out time or as disbursements. Chancery. 24th July 2007. |
| by Mr Justice Patten. Crown Copyright |
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| S67 AA 1996 : Challenge : Jurisdiction : Failed appeal against decision of first instance court upholding the award & jurisdiction. CA on appeal from QBD (Mr Justice Aikens) : affirming court at first instance, the arbitrators had jurisdiction to deal with matters that impacted upon VAT. CA 4th July 2007 |
| by Sir Anthony Clarke MR ; Buxton LJ; Toulson LJ. Crown Copyright |
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| S26 AA 1950 : limitation. Successful appeal against order enforcing foreign award. Action more than 6 years after the award issued. Commercial Court. 10th October 2007 |
| by Mr Justice Christopher Clarke. Crown Copyright |
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| S9 AA 1996. Application for a declaration that an agreement for sale of shares in Egyptian Distribution Group SAE was entered into as a result of duress and has been avoided. In his Points of Claim he additionally claims damages of at least US$104,000,000. The agreement contained an arbitration clause, pursuant to which Sainsbury make this application. Stay granted. Commercial Court. 13th November 2007 |
| by Mr Justice Tomlinson: Crown Copyright |
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| Bias - apparent. A judge made disparaging remarks in that attempts at injecting humour into the proceedings went beyond the pale of acceptability. Judgment set aside. CA. 15th November 2007 |
| by Ward LJ; Mummery LJ; Wilson LJ. Crown Copyright |
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Challenge s68 : Fraud for the purposes of s68 should be committed by the other party of with privity of that party ? not by a third party ? even if the other party aware of it. Commercial Court. 24th January 2007
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| by Aikens J : Crown Copyright |
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Jurisdiction ? s32 application : Scope of arbitration clause : Held : Arbitrator has jurisdiction over the dispute. Liberal approach to interpretation in favour of one stop arbitration appropriate. Fiona v Privalov noted. Commercial Court. 14th February 2007
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| by Mr. Justice Andrew Smith : Crown Copyright |
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| Jurisdiction : Who has jurisdiction to determine whether or not allegations of bribery and corruption in the formation of a contract containing an arbitration clause are founded : tribunal or court? Held : tribunal - the court only has jurisdiction if the allegations relate to the legality of the arbitration agreement : questions regarding the validity of the main agreement are for the tribunal. CA on appeal from QBD (Mr Justice Morison).24th January 2007 |
| by Tuckey LJ; Arden LJ; Longmore LJ. Crown Copyright |
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| Freezing order : Circumstances in which, and procedure to be adopted for the imposition of a freezing order. (Mareva Injunction. House of Lords. 24th January 2007 |
| by Lords Bingham ; Hope ; Scott ; Rodger ; Carswell : Crown Copyright |
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| Jurisdiction s32 AA 1996. Court confirmed that there was a valid contract which in turn contained an arbitration clause. Commercial Court. 8th March 2007. |
| by Mr Justice Langley : Crown Copyright |
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| S103 AA 1996 Challenge to enforcement of award : security. Court has jurisdiction to deal with security of costs in respect of enforcement or defence of a New York award. CA. 17th October 2007 |
| by Buxton LJ; Rix LJ; Moses LJ. . Crown Copyright |
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| Application for security of costs against a defendant to an application to set aside a New York Convention enforcement award. 22nd March 2007 |
| by Mr Justice Field. Crown Copyright |
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| Reasons for extension of a suspension of a doctor from practice pending further action by the GMC : Appeal : Extended but limited in time given the impact of the suspension on the applicant. CA. 30th April 2007. |
| by Tuckey LJ, Arden LJ, Lawrence Collins LJ. Crown Copyright |
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| Challenge s69 on a point of law : Successful. 21st June 2007. |
| by Mr Justice Cooke : Crown Copyright |
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| Appeal : arbitration : point of law : Assessment of damages for wrongful termination of a charterparty : Held : Damages to be assessed at time of assessment - not time of breach and rechartering - allowing account to be made of any event that impacts upon the value of that assessment. H.L. 28th March 2007. |
| by Lords Bingham ; Scott ; Walker ; Carswell ; Brown. Crown Copyright |
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Legal personality : Action commenced in the old name of an organisation not its new name. The name had then been taken up by a third party. The action was subject to a contractual 5 year time bar. Was the amendment in relation to a mere clerical error or a change of personality - thereby defeating the time bar? Held : Amendment not permitted. 1st Div. Inner House. Court of Session. 10th January 2007
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| by Lord President; Lord Osborne; Lord Eassie. Crown Copyright |
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| Expert Determinator / duty to provide reasons : By analogy with s70(4) Arbitration Act 1996 the court can require an Umpire to provide adequate reasons for a decision - and here so ordered - to determine an appeal against the validity of the umpire's decision. QBD. Commercial Court. 13th March 2007 |
| by Mr Justice Creswell. Crown Copyright |
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| Appeal against a decision that a party cannot avoid a contract (here a settlement of a dispute submitted to arbitration) procured by duress in circumstances where he cannot offer the other party substantial restitutio in integrum. Court held that justice requires a remedy. Interretlationship between Rome Convention and Jewish Law examined - re choice of law. 3rd April 2007 |
| by Waller LJ; Sedley KJ; Carnwath LJ. Crown Copyright |
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| Limitation : Statutory : upon what date did the Claimant first have the knowledge required for bringing an action for damages in respect of the relevant damage under section 14A(5)-(10) of the Limitation Act 1980, it being accepted that for the purpose of the primary statutory limitation period damage to the factory extension did occur more than six years before the issue of proceedings. TCC. 2nd October 2007 |
| by Judge Raynor: Crown Copyright |
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| S9 AA 1996. Application for stay to the Danish Building & Construction Arbitration Board of a dispute about a UK building project. Impact of the UCTA & Brussels Convention. Stay granted. TCC. 18th December 2007 |
| by HHJ Toulmin CMG QC. Crown Copyright |
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| Tort Jurisdiction EC Law : Hire crane collapsed. Hewden having paid out compensation to various parties sought to recover against the German manufacturer / hirer of the equipment on the grounds of negligence defective welds in crane Civil Liability Contribution Act 1978. Question whether under EC Reg 44/2002 Arts 2(1); 5(3) & 23 the UK or German court had jurisdiction . Held : UK Court had jurisdiction. TCC. 3rd April 2007. |
| by Mr Justice Jackson : Crown Copyright |
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S9 AA 1996 : Validity of certification : Certification process and arbitration provision in a mining lease. Certification as to mine-able resources flawed - certifier did not answer the question posed - departing from the remit. Certificate invalid - accordingly arbitration clause did not kick in. No stay to arbitration. Chancery Division. 30th March 2007
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| by Mr N. Strauss QC : Crown Copyright |
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| Apparent bias : successful appeal against a judges refusal to recuse himself. 4th July 2007 |
| by Sir Anthony Clarke MR; Sir Igor Judge (President QBD) ; Buxton LJ. Crown Copyright |
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| Injunction of arbitral proceedings : Application to injunct arbitral proceedings refused. Whether the same issue replicated in arbitration and litigation proceedings. However only one of the parties to the contract arbitration was also a party to the fraud litigation. Held : Both actions could proceed simultaneously. Commercial Court. 9th February 2007. |
| by Mrs Justice Gloster : Crown Copyright |
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| Challenge s69 : Application for injunction to prevent continuance of arbitration s37 SCA 1981 / challenge to interim award s69. Whether continuance of arbitration oppressive or vexatious. Application made at a very late stage when arbitration imminent. Potential concurrent actions in court and tribunal is not in itself oppressive. Risk of double liability minimal. Arbitrator has duty to manage the process - not vexatious. A real claim at stake. TCC. 14th May 2007 |
| by Mr Justice Jackson. Crown Copyright |
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| Injunction against arbitration. Previous arbitration set aside for lack of jurisdiction. Further attempts to arbitration injuncted as oppressive actions. Commercial Court. 21st November 2007 |
| by Mr Justice Tomlinson : Crown Copyright |
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| S66 AA 1996 : enforcement & challenge. Unsuccessful appeal against enforcement of an award on grounds of illegality i.e. attempts to avoid paying tax. Held : Award enforced but papers to be passed to the Revenue. CA. 24th October 2007 |
| by Waller LJ; Laws LJ; Gage LJ. Crown Copyright |
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| Application for stay to Cyprus refused. English court first ceised of action. same parties involved even though a change of name. Arts 28 / 28 Council Regulation (EC) 44/2001. 4th July 2007 |
| by Mr Justice Aikens. Crown Copyright |
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| Strike out. Unsuccessful appeal against strike out of elements of defence and counterclaim. CA. 30th October 2007 |
| by Buxton LJ; Jacob LJ; Moore-Bick LJ. |
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| Application to amend : Failed application to amend defence : failure to establish any real prospect of success : Whether or not scope for third party proceedings before a Korean Court. Commercial Court. 24th July 2007 |
| by Mr. Justice David Steel : Crown Copyright |
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| Judicial Review : Unsuccessful challenge via judicial review of university exam board grading and disciplinary process. Administrative Court. 27th July 2007. |
| by Gilbart QC : Crown Copyright |
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| Double Jeopardy : Abuse of process; Issue Estoppel : Abuse of Process : Summary Judgement. Claim against solicitors for negligence in contract drafting resulting in exposure to a claim from another party. Commercial Court. 20th February 2007. |
| by Mr Justice Langley : Crown Copyright |
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| Disclosure pre-action : Application for pre-action disclosure under the CPR. Concurrent proceedings in France between the same parties in respect of the same contract but a distinct and separate dispute. QBD. 30th May 2007. |
| by HHJ John Behrens : Crown Copyright |
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| Challenge s68 and cross challenge - Serious Irregularity : s69 Challenge - Point of law : All challenges failed : Award upheld. Issue - applications for extensions of time in construction contract : Appeal against post adjudication arbitration. Laing v Doyle partially approved as a method of dealing with global claims at least in arbitration though not necessarily in litigation : clear evidentiary link required but even if global claim fails some proven claims may survive. TCC. 20th July 2007. |
| by Mr Justice Ramsey : Crown Copyright |
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| S9 AA 1996 : Stay : declarations: Application for stay to arbitration : applications for declarations on interpretation of terms of contract. Commercial Court. 31st July 2007 |
| by Mr Justice Langley ; Crown Copyright |
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| Stay to arbitration : fraud - forum conveniens : Agency dispute already subject to arbitration - in Jamaica. Fraud action filed against the Principal - should this be stayed to arbitration as well - did Jamaica have jurisdiction. Held : All the relevant players in the UK. Justice required a full trial. Stay refused. Two applications for stay to arbitration in a civil fraud trial. One successful relevant arbitration clause : one failed third party not subject to arbitration clause. Chancery : 11th May 2007 |
| by Mr Justice Henderson : Crown Copyright |
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| Anti-suit injunction : Injunction against re-litigating the same issue before the Yemen Courts. Matter res judicata before UK Court 2006. Commercial Court. 25th May 2007. |
| by HHJ Mackie : Crown Copyright |
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| Costs : late acceptance Matthews (a patient) v Award of costs where a claimant accepts a payment into court late in the light of new evidence indicating that the payment adequately reflects the value of his claim. CA. 14th March 2007. |
| by Chadwick LJ; Lloyd LJ; Mr Justice Stanley Burnton. Crown Copyright |
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| Costs : Issue by issue. Whether costs should be awarded globally or on an issue by issue basis : Availability of Bullock/Sanderson orders. TCC. 28th March 2007. |
| by HHJ Peter Coulson QC : Crown Copyright |
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| Successful appeal against a costs penalty by successful claimant on the basis that the pleaded insurable interest arose in a different manner to that arrived at by the court : CA rejected this as a ground to impose a penalty. Underwriters allegations of fraud were defeated. CA. 12th December 2007. |
| by Moore-Bick LJ; Toulson LJ; Ward LJ. Crown Copyright |
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| s66 enforcement action / application for stay pending contra claim action : Stay refused - enforcement ordered. Construction Contract. TCC. 9th February 2007 |
| by HHJ Peter Coulson. Crown copyright |
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| S46 AA 1996 Shariah Law. Inter-relationship between Sharia Law and English Law - conflicts and substantive law. Enforcement of arbitral award. Chancery. 14th December 2007 |
| by Mr Justice David Richards: Crown Copyright |
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| Double Jeopardy : Res judicata ? issue estoppel ? anti-suit injunction : UK arbitration and subsequent action in Vermont. Commercial Court. 22nd February 2007 |
| by Toulson LJ : Crown Copyright |
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| Application under s68 Arbitration Act 1996 for an order setting aside, alternatively remitting for further consideration, an arbitral award. Arbitration set aside for serious irregularity and resubmitted to the tribunal for further consideration. 26th July 2007 |
| by Mrs Justice Gloster. Crown Copyright |
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| Part 36 Offers and Land : How do you accept a Part 36 offer to settle a case if it involves a disposition of an interest in land? Settlement of a partnership dissolution dispute involving realty. Can it be accomplished via an enforceable Part 36 offer which is accepted? Answer - YES - though old CPR forms do not work that well. New 44th revision will work more smoothly. Chancery. 23rd April 2007. |
| by Mr Justice Prescott : Crown Copyright |
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| S44(3) AA 1996 : freezing order. Failed attempt to remit questions as to a freezing order to the tribunal. Commercial Court. 11th October 2007 |
| by Mr Justice Christopher Clarke . Crown Copyright |
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| S7 AA 1996 : Separability : bribery. Whether, as a matter of construction, the arbitration clause is apt to cover the question of whether the contract was procured by bribery and secondly, whether it is possible for a party to be bound by submission to arbitration when he alleges that, but for the bribery, he would never have entered into the contract containing the arbitration clause. 17th October 2007 |
| by Lords Hoffmann; Hope ; Scott ; Walker . Crown Copyright |
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| S67 AA 1996 : Set aside - appeal : Court at first instance had jurisdiction under s67 to determine whether or not an interim award be set aside and or to certify right to appeal. CA does not have jurisdiction in absence of certification. CA. 25th April 2007. |
| by Arden LJ; Longmore LJ; Toulson LJ. Crown Copyright |
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| Fraud : enforcement of award. Application for summary judgment pursuant to a guarantee contract related to plant construction. Whether there was a reasonable prospect of defending the action on grounds that guarantee procured by fraud. Held : reasonable prospect. Commercial Court. 9th November 2007 |
| by Mr Justice Christopher Clarke : |
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| Application for anti-suit injunction to prevent litigation in New York over contracts of employment governed by UK Law, aimed at examining breach of solus agreement / non-competition terms regarding ex employees. CA. 12th July 2007. |
| by Tuckey LJ; Longmore LJ; Lloyd L:J. |
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| S69 AA 1996 challenge. Construction of clause 27 of the standard FOSFA Form 22. Purchase of futures in SOYA repudiated. Whether a loss suffered. Commercial Court. 28th November 2007 |
| by Mr Justice David Steel: Crown Copyright |
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| Finality of FA Disciplinary Commission decisions : whether reasoned decision required. Held : Decisions final by agreement - which does not require reasons. Whilst Wednesbury unreasonableness is a ground for challenge, the decision in question was not self evidently unreasonable. On the balance of convenience - viz the need of sport to produce rapid, determinative decisions, application for relief failed. Commercial Court. 12th January 2007. |
| by Mr Justice Simons : Crown Copyright |
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| Part 36 offer save as to costs : appeal from High Court (Mr Justice Etherton) : Whether a costs order should be made post entitlement determination but prior to determination of quantum. Validity of a Part 36 offer containing a fixed offer for costs as opposed to assessed costs. CA. 3rd April 2007. |
| by Mummery LJ; Smith LJ; Toulson LJ. Crown Copyright |
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| Challenge s68 : Failed appeal against a failed application under s68 to set aside an arbitral award. Having invoked the arbitral procedure there was no case to challenge jurisdiction. CA. 21st March 2007. |
| by Waller LJ; Sedley LJ : Crown Copyright |
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S044 AA 1996 : Anti-suit : s37 SCA : Pre-emptive anti-suit injunction application in support of arbitration. Granted. Commercial Court
1st August 2007. |
| by Mr Justice Cooke : Crown Copyright. |
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| Challenge s68 / s69 : Challenge failed on both grounds : Where a term of a contract led to two potential, though equally imperfect interpretations, the arbitrator is legally entitled to chose one over the other. In addition, the consequence did not affect the outcome. The arbitrator afforded every opportunity to the party to address the disputed issue. 11th May 2007 |
| by HHJ Peter Coulson. Crown Copyright |
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| Appeal rejected : No breach of Article VI HRA. in refering a disciplinary dispute subject to the Association\'s well known rules to arbitration. CA : 21st March 2007 |
| by Sir Anthony Clarke MR. Waller LJ; Sedley LJ. Crown Copyright |
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| Challenge s69 : Interpretation of safe port clause. Challenge failed. Commercial court. 6th June 2007. |
| by Mr Justice Langley : Crown Copyright |
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| Challenge s67-68 : Failed challenge to arbitral award ? both with regard to jurisdiction and apparent bias. Commercial Court. 14th February 2007. |
| by Toulson J : Crown Copyright |
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| S067 AA 1996 challenge. President of tribunal not correctly appointed and safety procedures required to protect the interests of claimants overridden (CS were solely responsible for appointments) it was not possible at the time for this to be discovered by the applicant. Award unenforceable. CA. 15th November 2007 |
| by Sir Anthony Clarke; Waller LJ; Sedley LJ. Crown Copyright |
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| Human Rights. Whether an agreement to exclude an appeal from an arbitration award is contrary to Human Rights. Appeal failed. CA 21st March 2007. |
| by Waller LJ; Sedley LJ. Crown Copyright |
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| Reasons : Adequacy : Panel had failed to demonstrate in its decision that it had addressed the criteria set down for statute. The panel could not subsequently provide additional reasons - as opposed to providing clarity / elucidation of prior reasons - and above all could not contradict the original decision at a later stage. Administrative Court. 4th April 2007. |
| by Mr Justice Walker. Crown Copyright |
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| Sist - inordinate delay in prosecution of case - dismissal of action. Extra Division, Inner House, Court of Session. 12th June 2007 |
| by Lord Abernethy; Lord Philip; Sir David Edward; Crown Copyright |
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| Time bar to challenge arbitration award subject to UNCITRAL Arbitration Rules. Application submitted outside the 3 month time bar - and accordingly rejected. Outer House Court of Session. 29th May 2007 |
| by Lady Paton. Crown Copyright |
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| S69 AA 1996 Challenge s69 : Failed : Second appeal. If a charterer is liable to pay damages to an owner for late redelivery of the chartered vessel, are those damages limited by the principles of remoteness to the difference between the charter rate and the market rate at the time of redelivery (if the latter is higher than the charter rate) over the length of the overrun period, that is to say from the due redelivery date until actual redelivery, or can the owner claim damages based on the loss of his next fixture? Arbitral award & 1st appeal judgment upheld. CA. 6th September 2007 |
| by Ward LJ; Tuckey LJ; Rix LJ. Crown Copyright. |
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| Fraud : restitution : unjust enrichment : Whether or not a claim fraudulent and consequent award gave rise to restitution for unjust enrichment. Commercial Court. 15th May 2007. |
| by Mr Justice David Steel : Crown Copyright |
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| Restraining order and EC Law : Whether or not it was inline with EC Regulation 44/2001 to restrain a party from pursuing litigation before the court of a member state was in question. House of Lords felt it was but that a reference to the ECJ was justifiable since matter not entirely clear. H.L. 21st February 2007. |
| by Lords Nicholls, Steyn, Hoffmann, Rodger, Mance, Crown Copyright |
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| Challenge s68 : Serious irregularity : Expertise : Rent review : Had arbitrator erred in not giving an opportunity to the parties to address what arbitrator had discovered by viewing the property? By adopting a valuation process not put by either party was there an irregularity? Held : No - had to use his expertise - parties had opportunity to put forward their cases. TCC. 4th April 2007. |
| by HHJ Peter Coulson : Crown Copyright |
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| s69 Challenge to interim award : Terms of management contract - interpretation : whether a lump sum - whether additional fees recoverable for variation : 11 grounds of appeal rejected. Canvassed whether point of law of general importance and criteria for appeal - plus what documents could be referred to. TCC. 22nd May 2007. |
| by Mr Justice Ramsey : Crown Copyright |
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