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.’

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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.’

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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.’

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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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Savoye and another v Spicers Ltd – WLR Daily

Posted January 27th, 2015 in arbitration, construction industry, contracts, enforcement, law reports by sally

Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17

‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’

WLR Daily, 15th December 2015

Source: www.iclr.co.uk

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LCJ: why is the cost of legal services increasing, despite more competition? – Legal Futures

Posted December 16th, 2014 in arbitration, competition, costs, legal services, litigants in person, news, reports by tracey

‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’

Full story

Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

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Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

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Costs, Confusion and Compromise – Keynote Address of Mr Justice Foskett

Posted December 4th, 2014 in arbitration, costs, fees, judges, limitations, news, speeches by sally

Costs, Confusion and Compromise (PDF)

Keynote Address of Mr Justice Foskett

Professional Negligence Lawyers’ Association Annual Conference, 4th December 2014

Source: www.judiciary.gov.uk

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Motivate to Mediate – the carrot and the stick – Family Law Week

Posted November 18th, 2014 in arbitration, divorce, news by sally

‘Annmarie Carvalho, Associate and Family Mediator with Farrer & Co LLP, examines two recent High Court cases which illustrate the court’s powers to ‘encourage’ parties into mediation.’

Full story

Family Law Week, 17th November 2014

Source: www.familylawweek.co.uk

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Civil procedure: conduct and costs – Law Society’s Gazette

Posted November 18th, 2014 in arbitration, civil procedure rules, costs, news by sally

‘When the court comes to consider costs and to exercise its discretion under Civil Procedure Rule 44.2, it has regard to all the circumstances, including the conduct of the parties before as well as during the proceedings (CPR 44.2 (4) and (5)).’

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Law Society’s Gazette, 17th November 2014

Source: www.lawgazette.co.uk

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Tribunal must give disputing parties chance to query legal approach neither party advocates, says High Court – OUT-LAW.com

Posted November 11th, 2014 in appeals, arbitration, charterparties, news, tribunals by tracey

‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’

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OUT-LAW.com, 10th November 2014

Source: www.out-law.com

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Free mediation for more separating couples – Ministry of Justice

Posted November 4th, 2014 in arbitration, divorce, legal aid, news by sally

‘More separating couples will benefit from free mediation from 3 November, Simon Hughes has announced.’

Full story

Ministry of Justice, 3rd November 2014

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

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Parents speak of legal fight for children without a lawyer – BBC News

Posted October 14th, 2014 in arbitration, custody, legal representation, litigants in person, news by sally

‘”My daughter started school last month and I don’t even know what school she goes to.”

These are the words of a father who has not seen his daughter, now aged four, for two years.’

Full story

BBC News, 13th October 2014

Source: www.bbc.co.uk

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Simon Hughes: We want the best family justice – Ministry of Justice

Posted September 25th, 2014 in arbitration, civil justice, families, family courts, news by sally

‘The true sign of a civilised family justice system is to have more people resolve disputes outside the courts, Justice Minister Simon Hughes said today [24 September].’

Full story

Ministry of Justice, 24th September 2014

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

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Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening); [2014] EWHC 2930 (Admin); [2014] WLR (D) 398

‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 12th September 2014

Source: www.iclr.co.uk

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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.’

Full story

Commercial Disputes Blog, 28th August 2014

Source: www.rpc.co.uk

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