By an Order of 27 May 2020, Mrs Justice Keegan sitting in the High Court in Belfast overturned a decision of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in Barnwell Farms Limited, Re Judicial Review [2020] NIQB 28 and remitted it to the Department. The Department operated a two-stage appeals process […]
News & publications
Waksman J recently handed down judgment in Mastermelt Limited v Siegfried Evionnaz SA [2020] EWHC 927 (QB), the first English authority to consider whether the ‘court first seised’ rule under the Lugano Convention is affected by new provisions introduced into the Brussels Recast Regulation where there is an exclusive jurisdiction clause in favour of another […]
By judgment delivered on 30 March 2020 Mr Justice Henshaw dismissed the attempt of the Arcelormittal Group (“AMUSA”) to obtain a freezing order – exceptionally sought on notice – in the sum of US$1.5 billion against the assets of a holding company within the Essar Steel conglomerate, together with the assets of one of its […]
Introduction The arbitration community has been swift to meet the challenges posed by the COVID-19 pandemic with almost unprecedented cohesion. By 17 April 2020 twelve leading arbitral institutions[1] had issued a joint statement pledging to “..ensur[e] that pending cases may continue and that parties may have their cases heard without undue delay.” The message has […]
New “Guidance on Remote Hearings” (“the Guidance”) has been prepared by the COMBAR Sub-Committee on Remote Hearings, made up of 8 barristers including Wei Jian Chan of Essex Court Chambers. The Guidance is provided at a time when the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 remain in effect, with consequential restrictions on movement and […]
In an opinion piece recently published by The Straits Times, VK Rajah with Professor Goh Yihan discuss how the Covid-19 pandemic, with its unprecedented impact on trade, markets, supply chains and businesses, is likely to give rise to a tsunami of disputes. The article covers the approach of the Singapore government, potential weaknesses in the […]
On 30 April 2020, the Commercial Court handed down judgment in Jiangsu Guoxin Corporation v. Precious Shipping Public Co Ltd [2020] EWHC 1030 (Comm), a decision on two arbitration appeals as to the interplay between: ‘permissible delays’, written notice clauses, and the prevention principle in two shipbuilding contracts on amended SAJ Forms (“SBCs”). The appeals, […]
On 23 March 2020, the UK Government announced a lockdown on civil society in response to the COVID-19 pandemic. On the same day the Lord Chief Justice of England and Wales made clear that the courts, “as a vital public service”, have an obligation to continue.[1] This obligation is not limited to urgent cases but […]
The Covid-19 crisis has severely impacted some parts of the Bar, in particular the publicly-funded Bar which does such vital work within our justice system and in society as a whole. Some Chambers practising in these critical areas are under threat of being unable to survive and many barristers are suffering serious personal hardship. The […]
Covid-19 and the worldwide restrictions imposed as a result are inevitably having an impact on whether court deadlines can be met. What if you need to make an application for an extension of time as a result? What are the principles that the Court will apply? That was the question for the TCC in Muncipio […]
On 31 March 2020, Butcher J handed down judgment in Carpatsky Petroleum Corporation v PJSC Ukrnafta [2020] EWHC 769 (Comm). Butcher J refused to set aside an order of Knowles J recognising an SCC arbitration award, and in doing so he considered the application of issue estoppel and abuse of process to the enforcement of […]
Advocate (Formerly the Bar Pro Bono Unit) have highlighted Naomi Hart as a Pro Bono Hero for 2020. The award is given to recognise dedication, commitment and generous support for Advocate and their applicants. Of the award Advocate said: “Naomi has been working on a long running case for Advocate. We recently received feedback from […]
