English courts will extend arbitration clauses to widest possible range of disputes, expert says – OUT-LAW.com

Posted December 15th, 2015 in arbitration, dispute resolution, news by sally

‘A contract’s arbitration clause should be extended to apply to a claim not directly covered by that contract, the High Court has ruled. The claim was brought by Russian businessmen against their former partners in the redevelopment of a Moscow hotel.’

Full story

OUT-LAW.com, 15th December 2015

Source: www.out-law.com

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Finance & Divorce Update December 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during November 2015.’

Full story

Family Law Week, 6th December 2015

Source: www.familylawweek.co.uk

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Ramburs Inc v Agrifert SA – WLR Daily

Posted December 9th, 2015 in appeals, arbitration, contracts, interpretation, law reports, sale of goods by sally

Ramburs Inc v Agrifert SA [2015] EWHC 3548 (Comm); [2015] WLR (D) 505

‘Where a buyer of goods FOB nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause appearing in GAFTA form 49, he was nevertheless required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

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Arbitration in landlord and tenant disputes – Tanfield Chambers

‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’

Full story

Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

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Practice guidance: Arbitration in the Family Court – Courts and Tribunals Judiciary

Posted November 26th, 2015 in arbitration, courts, family courts, financial provision, news by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 23 November 2015.’

Full guidance

Courts and Tribunals Judiciary, 23rd November 2015

Source: www.judiciary.gov.uk

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Family ADR boosted by new guidance – Law Society’s Gazette

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

Full story

Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

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Justice Knowles urges legal community to ‘work harder’ to keep UK as dispute resolution leader – Legal Week

Posted November 10th, 2015 in arbitration, dispute resolution, judges, news, pilot schemes, speeches by sally

‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’

Full story

Legal Week, 6th November 2015

Source: www.legalweek.co.uk

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Section 45 Arbitration Act 1996: a little known but useful tool – Hardwicke Chambers

Posted October 7th, 2015 in appeals, arbitration, jurisdiction, news by sally

‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of the specific issues raised by the questions of law referred to the Court in Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC).’

Full story

Hardwicke Chambers, 8th September 2015

Source: www.hardwicke.co.uk

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Further court fee hikes “a denial of access to justice”, CJC says – Litigation Futures

Posted October 5th, 2015 in appeals, arbitration, civil justice, consultations, courts, fees, news, statistics by sally

‘A further round of court fee increases would amount to a “denial of access to justice”, the Civil Justice Council (CJC) has warned, adding its voice to the cacophony of opposition from the legal profession.’

Full story

Litigation Futures, 5th October 2015

Source: www.litigationfutures.com

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Law Society in England calls for ‘radical’ employment tribunal reform – OUT-LAW.com

‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’

Full story

OUT-LAW.com, 14th September 2015

Source: www.out-law.com

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Finance & Divorce Update – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during July 2015.’

Full story

Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

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ADR and costs – Hardwicke Chambers

Posted July 28th, 2015 in arbitration, budgets, costs, dispute resolution, news by sally

‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
Full story

Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

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Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

Full story

Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

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Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

Full story

No. 5 Chambers, 6th July 2015

Source: www.no5.com

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Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

Full story

Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

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Family Arbitration – The Inner Temple

Posted April 8th, 2015 in arbitration, children, confidentiality, courts, dispute resolution, families, news by sally

Family Arbitration (PDF)

Sir Hugh Bennett

The Inner Temple, 30th March 2015

Source: www.innertemple.org.uk

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What were this decade’s most significant advances in law? – OUP Blog

‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’

Full story

OUP Blog, 18th March 2015

Source: www.blog.oup.com

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Home Office wins £224m e-Borders appeal – BBC News

Posted February 18th, 2015 in appeals, arbitration, contracting out, contracts, damages, immigration, news by sally

‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk

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Commercial Court removes arbitrator over ‘justifiable doubts’ about his impartiality – OUT-LAW.com

‘An arbitrator who failed to disclose his “social and commercial relationships” with one of the parties to a commercial dispute has been removed from the post by a UK court.’

Full story

OUT-LAW.com, 13th February 2015

Source: www.out-law.com

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Financial Remedies Working Group final report – Judiciary.gov.uk

‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.

The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’

Final report

Judiciary of England and Wales, 28th January 2015

Source: www.judiciary.gov.uk

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