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)).’

Full story

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.’

Full story

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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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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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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