Paying your fair share: when can an adjudicator decide more than the notified sum must be paid? – Hardwicke Chambers

Posted February 7th, 2017 in arbitration, construction industry, contracts, housing, news by sally

‘Judgment in the case of Kersfield Developments (Bridge Road) Ltd v Bray & Slaughter Ltd, handed down on 19 January 2017, is a new authority in the line of case law providing guidance on the provisions governing interim payments in Construction Contracts in the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Act”).’

Full story

Hardwicke Chambers, 2nd February 2017

Source: www.hardwicke.co.uk

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Lesson for employers and unions from Southern Rail industrial action, says expert – OUT-LAW.com

Posted February 7th, 2017 in arbitration, employment, news, railways, trade unions, transport by sally

‘The partial resolution of the dispute between Southern Rail and trade union representatives for its drivers and conductors provides an “interesting contrast and lessons” for both employers and unions, an expert has said.’

Full story

OUT-LAW.com, 6th February 2017

Source: www.out-law.com

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Costs information provided for mediation is “pure fact” and can be used on assessment – Litigation Futures

Posted January 24th, 2017 in arbitration, costs, insurance, news by sally

‘Costs information that was provided for the purposes of a confidential mediation could later be used in the assessment of costs, Master Haworth in the Senior Courts Costs Office has decided.’

Full story

Litigation Futures, 23rd January 2017

Source: www.litigationfutures.com

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Judicial Assessments: More New Clothes for the Emperor? By Daniel Northall – Littleton Chambers

Posted December 1st, 2016 in arbitration, case management, costs, employment tribunals, judiciary, news by sally

‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’

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Littleton Chambers, 18th November 2016

Source: www.littletonchambers.com

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Beware the dangers of uncertainty with letters of intent – Hardwicke Chambers

Posted November 9th, 2016 in arbitration, construction industry, contracts, news by sally

‘Alexander Nissen QC’s recent decision in Spartafield Ltd v Penten Group Ltd brings a degree of finality to the long-running dispute between these two parties. It comes after multiple adjudications and previous proceedings in the TCC. Back in March, my colleague Ebony Alleyne discussed what was then the most recent judgment, dealing with the enforcement of an adjudicator’s decision.’

Full story

Hardwicke Chambers, 2nd November 2016

Source: www.hardwicke.co.uk

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Making waves: the decision in Essar v Norscot: a view from the Bar – Hardwicke Chambers

Posted November 9th, 2016 in agreements, arbitration, costs, news by sally

‘Can a successful claimant recover the costs of a funding agreement from the defendant? No in litigation but yes in arbitration, according to the Commercial Court in Essar Oilfields Services Limited v Norscot Rig Management PVT Limited. This decision has sent shockwaves through the arbitration community.’

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Hardwicke Chambers, 25th October 2016

Source: www.hardwicke.co.uk

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Vicarious Liability for Assaults – Park Square Barristers

Posted November 9th, 2016 in arbitration, assault, negligence, news, vicarious liability by sally

‘Caroline Wood recently successfully represented the defendant local council in respect of a claim arising from an assault by a teaching assistant on a lunchtime supervisor, both of whom were employees at the same school.’

Full story

Park Square Barristers, 25th October 2016

Source: www.parksquarebarristers.co.uk

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Defendant penalised after “unreasonably” refusing to mediate costs dispute – Litigation Fures

Posted October 25th, 2016 in arbitration, costs, dispute resolution, news by michael

‘Newspaper group Mirror Group Newspapers has been hit with indemnity costs after the Senior Costs Judge ruled that it had unreasonably failed to engage in efforts to use alternative dispute resolution instead of going to detailed assessment.’

Full story

Litigation Futures, 20th October 2016

Source: www.litigationfutures.com

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Arbitrator justified in making losing party pay £2m cost of third-party funding, High Court rules – Litigation Futures

Posted October 6th, 2016 in arbitration, costs, international courts, news, third parties by tracey

‘A defendant whose conduct forced the claimant to seek third-party funding to take its case to arbitration has to pay the £2m owed to the funder following the claim’s success, the High Court has ruled.’

Full story

Litigation Futures, 3rd October 2016

Source: www.litigationfutures.com

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Briggs: online court will take the ‘A’ out of ‘ADR’ – Law Society’s Gazette

Posted September 27th, 2016 in arbitration, courts, dispute resolution, internet, judges, news by sally

‘Mediation will become the cultural norm should a new online court dealing with all monetary claims up to £25,000 become reality, Lord Justice Briggs has predicted.’

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Law Society’s Gazette, 26th September 2016

Source: www.lawgazette.co.uk

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High Court allows recovery of costs of arranging third-party funding – Litigation Futures

Posted September 19th, 2016 in arbitration, costs, news, third parties by tracey

‘The High Court has today upheld the decision of an arbitrator to allow the recovery of the costs of securing third party funding as costs, in what is being hailed as a landmark decision.’

Full story

Litigation Futures, 19th September 2016

Source: www.litigationfutures.com

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Business as usual? – Counsel

Posted September 1st, 2016 in arbitration, courts, EC law, London, news by sally

‘Sophie Nappert analyses how international arbitration in London will fare post-Brexit.’

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Counsel, September 2016

Source: www.counselmagazine.co.uk

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English court allows retroactive extension of time to allow corrections in arbitral process – OUT-LAW.com

Posted August 15th, 2016 in arbitration, contracts, enforcement, news, time limits by sally

‘The High Court in England has allowed claimants more time to apply for changes to an arbitral award.’

Full story

OUT-LAW.com, 12th August 2016

Source: www.out-law.com

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Declarations as to the validity of an arbitration agreement; has anything changed after HC Trading v Tradeland? – Hardwicke Chambers

Posted July 26th, 2016 in arbitration, contracts, jurisdiction, news by sally

‘Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.’

Full story

Hardwicke Chambers, 18th July 2016

Source: www.hardwicke.co.uk

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Uber faces court battle with drivers over employment status – The Guardian

‘Uber is facing a legal challenge from drivers who say that they should be recognised officially as workers at the company, as calls grow for new rights for the UK’s burgeoning army of self-employed individuals.’

Full story

The Guardian, 19th July 2016

Source: www.guardian.co.uk

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Is London still ahead of the game? – Counsel

‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

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Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers

‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’

Full story

Hardwicke Chambers, 29th June 2016

Source: www.hardwicke.co.uk

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Speech by Lady Justice Arden DBE: Is Commercial Arbitration the Future of Commercial Justice? – Courts and Tribunals Judiciary

‘Is Commercial Arbitration the Future of Commercial Justice?’

Full speech

Courts and Tribunals Judiciary,  5th July 2016

Source: www.judiciary.gov.uk

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Conflicts of interest – Law Society’s Gazette

‘In the recent decision of W Ltd v M SDN BHD [2016] EWHC 422, Knowles J considered a challenge by the claimant of an arbitral award on the grounds of ‘serious irregularity’ under section 68(2) of the Arbitration Act 1996. That section provides that ‘serious irregularity’ means an irregularity ‘which the court considers has caused or will cause substantial injustice to the applicant’. The claimant alleged apparent bias on behalf of the sole arbitrator, H, based on alleged conflict of interest.’

Full story

Law Society’s Gazette, 27th June 2016

Source: www.lawgazette.co.uk

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Court refuses to declare arbitration agreement ineffective before proceedings begin – OUT-LAW.com

Posted June 9th, 2016 in arbitration, jurisdiction, news, tribunals by sally

‘It would be “wrong in principle” for the High Court to rule on the existence of a valid arbitration agreement between two companies ahead of any actual proceedings, as this would deny the arbitral tribunal the power to rule on its own jurisdiction, a judge has found.’

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OUT-LAW.com, 8th June 2016

Source: www.out-law.com

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