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.’

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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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How long do I have? – Hardwicke Chambers

Posted January 22nd, 2014 in appeals, arbitration, contracts, limitations, news, restitution by sally

‘Until recently it was unclear how long a party who lost in an adjudication, and had to pay money to the winning party, had to bring a subsequent claim for recovery of those monies. The position has recently been resolved by the Court of Appeal in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 but the discussion had started earlier with the case of Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC).’

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Hardwicke Chambers, 15th January 2014

Source: www.hardwicke.co.uk

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S v S [2014] EWHC 7 (Fam) – WLR Daily

Posted January 16th, 2014 in arbitration, consent orders, financial provision, law reports by tracey

S v S [2014] EWHC 7 (Fam);   [2014] WLR (D)  1

‘Where the parties had bound themselves to accept an arbitral award of the kind provided for by the Institute of Family Law Arbitrators (“IFLA”) Scheme, that generated a single “magnetic factor” of determinative importance and, in the absence of some very compelling countervailing factor or factors, the arbitral award should be determinative of the order the court made.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

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Justice minister supports government plans for mandatory mediation – The Guardian

Posted January 7th, 2014 in arbitration, bills, divorce, news by sally

‘The new justice minister, Simon Hughes, whose departmental responsibilities include family law, has backed government plans to make mediation mandatory for separating couples.’

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The Guardian, 7th January 2014

Source: www.guardian.co.uk

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What role does mediation play in social housing? – Hardwicke Chambers

‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’

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Hardwicke Chambers, 3rd December 2013

Source: www.hardwicke.co.uk

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Ethics in International Arbitration: The Big Debate – Halsbury’s Law Exchange

Posted November 21st, 2013 in arbitration, international courts, legal representation, news by sally

“International arbitration has something of a reputation as the ‘Wild West’ of the law; a land where personalities are at least as important (or perhaps more so) than procedural rules, and legal representatives can be viewed by their clients as hired guns.”

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Halsbury’s Law Exchange, 21st November 2013

Source: www.halsburyslawexchange.co.uk

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Anti-suit injunctions, arbitrations and cross-border insolvency – 11 Stone Buildings

“Ironically, the recent developments in international law which have encouraged the recognition of foreign insolvency proceedings and assistance in relation to them have in many cases led to disharmony between our domestic law and the law of the foreign proceedings. The applicable principles on when it is appropriate to grant anti-suit injunctions to protect the right of a party not to be sued in a foreign state have not been worked out fully in relation to insolvency. This is nowhere more apparent than where a foreign debtor enters a foreign insolvency process and prior to the insolvency was party to an agreement containing an English arbitration clause.”

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11 Stone Buildings, November 2013

Source: www.11sb.com

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Commercial Court upholds worldwide freezing order in support of English arbitration against foreign nonarbitrating parties – 11 Stone Buildings

Posted October 30th, 2013 in arbitration, Commercial Court, freezing injunctions, jurisdiction, news by sally

“In PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov and others [2013] EWHC 3203 (Comm), Blair J dismissed an application to discharge a worldwide freezing order made against non-arbitrating parties in support of an LCIA arbitration in long-running commercial court proceedings. Charles Samek QC lists three reasons why the case is of importance.”

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11 Stone Buildings, October 2013

Source: www.11sb.com

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‘Disastrous’ drop in out-of-court mediation for divorcing couples – Daily Telegraph

Posted October 29th, 2013 in arbitration, courts, divorce, legal aid, litigants in person, news by sally

“The number of divorcing couples using special out-of-court sessions to settle disputes over property and children has collapsed in the wake of legal aid cuts.”

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Daily Telegraph, 28th October 2013

Source: www.telegraph.co.uk

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More couples opt for DIY divorce as legal fees rise – LegalVoice

Posted August 21st, 2013 in arbitration, budgets, divorce, expenses, family courts, fees, news by sally

“With the legal fees for a ‘simple’ divorce in London now at £2,500, DIY divorce websites are reporting a sharp rise in the number of couples using their services.”

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LegalVoice, 19th August 2013

Source: www.legalvoice.org.uk

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Parties to litigation must be aware of courts’ “strict and robust approach” to new costs rules, says expert – OUT-LAW.com

Posted August 14th, 2013 in arbitration, case management, civil procedure rules, costs, news, time limits by sally

“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”

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OUT-LAW.com, 13th August 2013

Source: www.out-law.com

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Mediation: reasonable growth – Law Society’s Gazette

Posted August 12th, 2013 in arbitration, budgets, family courts, legal aid, news, reports by sally

“The government is introducing measures which it says will take pressure off the courts and tribunals, and in the case of family law disputes fill the gap left by cuts to legal aid. But many practitioners say the policies have not been properly thought through – and may actually hinder the use of mediation.”

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Law Society’s Gazette, 12th August 2013

Source: www.lawgazette.co.uk

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Trade mark owner wins right to block proposed new ‘top-level’ domain – OUT-LAW.com

Posted August 12th, 2013 in arbitration, domain names, intellectual property, internet, news, trade marks by sally

“A trade mark owner has won the right to stop its mark being adopted as a new generic ‘top-level’ domain (gTLD) by a rival company.”

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OUT-LAW.com, 9th August 2013

Source: www.out-law.com

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Adjudication decision declared invalid for serious breaches of the rules of natural justice – 4 New Square

Posted August 6th, 2013 in arbitration, construction industry, contracts, news by sally

“The grounds for impeaching an adjudication decision are extremely limited. However, Mr Justice Akenhead recently held that ABB Ltd. v BAM Nuttall Ltd [2013] EWHC 1983 (TCC), as one of those relatively rare cases in which reliance by the adjudicator on a clause of the subcontract between the parties – which neither party argued (let alone mentioned to the adjudicator) and which he did not refer to the parties before issuing his decision – was a material breach of the rules of natural justice.”

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4 New Square, 30th July 2013

Source: www.4newsquare.com

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Enterprise and Regulatory Reform Act 2013 – No. 5 Chambers

“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.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

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AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC – WLR Daily

AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2013] UKSC 35; [2013] WLR (D) 232

“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

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