FOS respondents still at risk of further action despite Clark v In Focus ruling – Commercial Disputes Blog

Posted September 1st, 2014 in appeals, arbitration, compensation, complaints, financial services ombudsman, news by sally

‘When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus, she held that a complainant cannot accept an Ombudsman’s award at the statutory maximum (currently £150,000) and sue in court for the balance of their redress if it exceeds that limit. We hoped in vain that that would be the final word on the issue.’

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Commercial Disputes Blog, 28th August 2014

Source: www.rpc.co.uk

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Financial Remedies Working Group Report – A Summary – Family Law Week

Posted August 26th, 2014 in arbitration, financial provision, litigants in person, news, reports by tracey

‘Jacqui Thomas, barrister, 37 Park Chambers, summarises the recommendations of the Financial Remedies Working Group.’

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Family Law week, 22nd August 2014

Source: www.familylawweek.co.uk

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More free mediation sessions for separating couples – Ministry of Justice

Posted August 21st, 2014 in arbitration, divorce, legal aid, press releases by tracey

‘Couples should avoid confrontational courtroom battles and use mediation as more free sessions will be funded by Government, Family Justice Minister Simon Hughes has announced.’

Full press release

Ministry of Justice, 20th August 2014

Source: www.justice.gov.uk

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High Court upholds recognition of US arbitral award, but delays enforcement to give losing party opportunity to challenge – OUT-LAW.com

Posted August 5th, 2014 in arbitration, enforcement, news by sally

‘The losing party in an arbitration case decided in the US has been prevented from setting aside recognition of the award in England, but can delay enforcement by the winning party until it has had a chance to challenge the award in the US, the High Court in England has said.’

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OUT-LAW.com, 5th August 2014

Source: www.out-law.com

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19,000 more parents in child cases with no lawyer – BBC News

‘More than 19,000 more parents appeared in civil courts with no lawyer in cases about children, in the year after legal aid cuts, it has emerged.’

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BBC News, 16th July 2014

Source: www.bbc.co.uk

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Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’

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Family Law Week, 11th July 2014

Source: www.familylawweek.co.uk

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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Avoiding the clinch: judicial respect for the rules inherent to sport – Competition Bulletin from Blackstone Chambers

‘In a recent bout in the High Court, the specificity of sporting disputes once again came to the fore. In Bruce Baker v British Boxing Board of Control [2014] EWHC 2074 (QB), 25 June 2014, Sir David Eady was faced with the old chestnut of a request for a court to interfere with a national sporting body’s decision to sanction one of its participants. One interim application later, and the BBBC was still standing.’

Full story

Competition Bulletin from Blackstone Chambers, 1st July 2014

Source: www.competitionbulletin.com

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Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers

Posted June 26th, 2014 in arbitration, budgets, civil procedure rules, costs, news by sally

‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’

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Hardwicke Chambers, 13th June 2014

Source: www.hardwicke.co.uk

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High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

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OUT-LAW.com, 20th June 2014

Source: www.out-law.com

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Kruppa v Benedetti and another – WLR Daily

Posted June 13th, 2014 in arbitration, interpretation, jurisdiction, law reports by sally

Kruppa v Benedetti and another [2014] EWHC 1887 (Comm); [2014] WLR (D) 250

‘A governing law and jurisdiction clause in an agreement which provided that “the parties will endeavour to first resolve the matter through Swiss arbitration” but where no resolution was forthcoming that the “courts of England shall have non-exclusive jurisdiction” did not constitute an arbitration agreement within the meaning of section 6(1) of the Arbitration Act 1996.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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Family Law Finance Arbitration: a new dawn – Talk by Sir Hugh Bennett

Posted May 12th, 2014 in arbitration, families, news by sally

Family Law Finance Arbitration: a new dawn (Word)

Talk by Sir Hugh Bennett

Chartered Institute of Arbitrators, 30th April 2014

Source: www.flba.co.uk

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Kaneria’s life ban upheld – Sports Law Bulletin from Blackstone Chambers

Posted May 8th, 2014 in appeals, arbitration, disqualification, news, sport by tracey

‘The Commercial Court has dismissed a challenge by Pakistani international bowler Danish Kaneria to a lifetime ban upheld by the Appeal Panel of the England & Wales Cricket Board’s Disciplinary Commission (“ECB”).’

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Sports Law Bulletin from Blackstone Chambers, 7th May 2014

Source: www.sportslawbulletin.org

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The Child Arrangements Programme 2014: The Key Provisions – Family Law week

‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’

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Family Law Week, 23rd April 2014

Source: www.familylawweek.co.uk

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Early learning – New Law Journal

Posted April 10th, 2014 in arbitration, dispute resolution, employment, news, regulations, time limits by sally

‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’

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New Law Journal, 10th April 2014

Source: www.newlawjournal.co.uk

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Changes to UK laws aim to further curb number of cases going to employment tribunal – OUT-LAW.com

Posted April 8th, 2014 in arbitration, dispute resolution, employment tribunals, fees, news by sally

‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’

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OUT-LAW.com, 7th April 2014

Source: www.out-law.com

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High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Posted February 20th, 2014 in appeals, arbitration, construction industry, news, tribunals by michael

‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’

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OUT-LAW.com, 19th February 2014

Source: www.out-law.com

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Mediation is better – couples told as divorce rate rises – Ministry of Justice

Posted February 6th, 2014 in arbitration, divorce, news by sally

‘Thousands of couples who separate each year have been urged to spurn confrontational court battles and instead to try mediation to sort out disputes over finances and children – as new figures show divorce rates increased last year.’

Full story

Ministry of Justice, 6th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Unfinished business – New Law Journal

‘Dominic Regan predicts the likely civil procedure developments for 2014.’

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New Law Journal, 29th January 2014

Source: www.newlawjournal.co.uk

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