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In this issue: Arbitration in England & Wales International arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Supreme Court upholds costs award in sterling The UK Supreme Court has unanimously rejected Process & Industrial Developments Ltd’s (P&ID) challenge to a costs order made in favour of the Federal Republic of Nigeria (Nigeria). It confirmed that the Commercial Court and the Court of Appeal were right to make the order in sterling rather than Nigeria’s national currency, the naira. The justices held that costs orders are discretionary, not compensatory like damages, and that it was proper to frame the order in the currency in which Nigeria incurred and settled its legal expenses. The court identified no legal error in the decisions below and remarked that currency movements did not produce any ‘windfall’ for Nigeria. Duarte G....
Lunt v BAC Impalloy Ltd [2025] Lexis Citation 2143 What are the practical implications of this case? Limitation The court’s handling of the limitation defence offers practical and balanced guidance to claimant and defendant practitioners alike on a continuing cause of action extending across 20 years. It considers a date of knowledge arising mid‑way through the exposure period, and carefully weighs the principal considerations bearing on the court’s discretion under section 33 of the Limitation Act 1980 (LA 1980) to disapply the limitation period. Medical causation The court’s evaluation of competing medical opinions clearly illustrates the features that may prompt acceptance or rejection of an expert’s evidence. Here, the judge closely examined whether the experts’ reasoning withstood scrutiny against any concessions (or the absence of them), the appropriate deference shown to the other expert where warranted, and the extent to which their conclusions were corroborated by extraneous materials. Pleading an alternative case on injury Although obiter, the court made plain and unequivocal that,...