Court Report

Articles

OWH SE v RTI and Rusal: High Court dismisses public policy challenge to €214m arbitration award

English court refuses to set aside enforcement permission; BIT arbitration claim rejected as adjournment ground.

Genel Energy v Kurdistan Regional Government: when LCIA rules displace the Arbitration Act on costs

LCIA arbitration rules constitute a self-contained costs regime that excludes the statutory specificity requirements under section 63 of the Arbitration Act 1996.

Devall v English Electric: court dismisses mesothelioma claim for want of direct asbestos exposure evidence

Claimants fail to establish on the balance of probabilities that the deceased was exposed to asbestos dust at Sizewell A nuclear power station.

EE Limited v Clocktower Investments: when easements substitute for occupation under the 1954 Act

Telecommunications apparatus on a clocktower raises questions about incorporeal hereditaments, business tenancy protection, and the limits of renewal rights.

Kennaugh v Information Commissioner: section 166 DPA 2018 cannot be used to challenge the merits of a complaint outcome

The First-tier Tribunal dismisses application where ICO had already issued an outcome, reaffirming the procedural limits of section 166.

Bristol City Council v CC: capacity, deprivation of liberty and the limits of residential autonomy

Court of Protection declares lack of capacity across multiple domains whilst affirming a narrow residence exception and authorising deprivation of liberty.

Muca v El Amrani and Harker v Hubert: pre-occupation gas safety certificates and the section 21 bar

Court of Appeal holds that failure to provide a gas safety certificate before a tenant first occupies is a permanent and irremediable bar to service...

Magomedov v TPG: Court of Appeal refuses to reopen permission to appeal refusal in Russian ports conspiracy claims

Application to reopen a refusal of permission to appeal in high-value conspiracy claims concerning two Russian port businesses dismissed; exceptional circumstances threshold under CPR 52.30...