“The Enterprise and Regulatory Reform Act 2013 [‘ERRA’] received Royal Assent on 25 April 2013, bringing some significant changes to employment law and tribunal procedure. Gemma Roberts highlights the main reforms affecting employment tribunal, ACAS procedure and the changes to whistleblowing; Mugni Islam-Choudhury considers the amendments introduced to the Equality Act 2010.”
No. 5 Chambers, 6th June 2013
Source: www.no5.com
“The English court had a long-standing and well-established jurisdiction to grant an injunction restraining the commencement or continuation of foreign proceedings brought in breach of an arbitration clause, even when neither party had commenced, nor intended to commence, arbitration proceedings in the agreed forum. The Arbitration Act 1996 did not affect the court’s power under that jurisdiction or under s 37 of the Senior Courts Act 1981.”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
“English courts have the power to prevent parties to an arbitration agreement from beginning legal proceedings in foreign courts in breach of that agreement, the Supreme Court has ruled.”
OUT-LAW.com, 13th June 2013
Source: www.out-law.com
Supreme Court, 12th June 2013
“The rules governing when and how an employer will be able to use a confidential
pre-termination settlement agreement to bring an employee contract to an end are
more complicated than they first appear, an expert has said.”
OUT-law.com, 11th June 2013
Source: www.out-law.com
“Separating couples will be legally required to find out about ways to settle disputes away from the courtroom, under new laws currently going through Parliament.”
Ministry of Justice, 5th June 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
“A growing amount of legal work could be ‘de-lawyered’ and provided by organisations that offer a wide range of legal and non-legal services, the strategy director of the Legal Services Board (LSB) has suggested.”
Legal Futures, 4th June 2013
Source: www.legalfutures.co.uk
“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”
Sports Law Bulletin from Blackstone Chambers, 13th May 2013
Source: www.sportslawbulletin.org
“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”
Employment Law Blog, 14th May 2013
Source: www.employment11kbw.com
“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?’”
OUP Blog, 27th April 2013
Source: www.blog.oup.com
“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”
WLR Daily, 17th April 2013
Source: www.iclr.co.uk
“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”
Family Law Week, 5th April 2013
Source: www.familylawweek.co.uk
“Family Mediation Council’s Professional Practice Consultants Conference 2013, speech by Lord McNally, 14th March 2013.”
Ministry of Justice, 14th March 2013
Source: www.justice.gov.uk
“From next month, divorce may get a little less confrontational – and cheaper. Changes to legal aid mean couples who split won’t be funded through the courts, but that could be a good thing, argues mediator Victoria Scott.”
The Guardian, 9th March 2013
Source: www.guardian.co.uk
“Poll shows overwhelming support for missing Madeleine’s father on how Leveson inquiry findings must be enforced.”
The Guardian, 9th February 2013
Source: www.guardian.co.uk
“A cross-party alliance of peers hasinjected new momentum into the stalling cross-party talks on the future of press regulation by passing a law to implement a key plank of the Leveson report.”
The Guardian, 5th February 2013
Source: www.guardian.co.uk
“If you glanced at the front page of The Times for 1 February, with its headline ‘High Court opens way to Sharia divorces’, you could have been forgiven for thinking that the court had made some important pronouncement on the role of Sharia (Islamic law) in divorce proceedings. The story’s first paragraph would also have led you naturally to that conclusion. ‘The prospect of divorce cases being settled by Sharia and religious courts’, it says, ‘has been opened up by landmark legal decision.’ So it would have come as a bit of a jolt to read the start of the next paragraph: ‘A Jewish couple have had their divorce settlement under Beth Din, rabbinical law, approved by the High Court.’ As this indicates, the case (AI v MT [2013] EWHC 100 (Fam)) says nothing whatsoever about Sharia.”
Halsbury’s Law Exchange, 4th February 2013
Source: www.halsburyslawexchange.co.uk
“Frustration in the Lords at the lack of progress over the Leveson report has led four peers to table measures to introduce a low-cost arbitration service for defamation, as recommended by Lord Justice Leveson in the defamation bill.”
The Guardian, 4th February 2013
Source: www.guardian.co.uk
