Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

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Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

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Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

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Civil Justice Council decides against new housing court – Litigation Futures

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures

‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’

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Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

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Susskind: online court is just the beginning – Law Society’s Gazette

‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’

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Law Society’s Gazette, 9th April 2016

Source: www.lawgazette.co.uk

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English law will remain ‘gold standard’ despite impact on case law caused by confidential arbitrations, says expert – OUT-LAW.com

‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’

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OUT-LAW.com, 4th April 2016

Source: www.out-law.com

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Unwritten Rules – large families in ToLATA cases – Family Law week

Posted January 18th, 2016 in dispute resolution, families, family courts, housing, news by tracey

‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’

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Family Law Week, 15th January 2016

Source: www.familylawweek.co.uk

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Finance and Divorce Update January 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

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English courts will extend arbitration clauses to widest possible range of disputes, expert says – OUT-LAW.com

Posted December 15th, 2015 in arbitration, dispute resolution, news by sally

‘A contract’s arbitration clause should be extended to apply to a claim not directly covered by that contract, the High Court has ruled. The claim was brought by Russian businessmen against their former partners in the redevelopment of a Moscow hotel.’

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OUT-LAW.com, 15th December 2015

Source: www.out-law.com

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Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’

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OUT-LAW.com, 11th December 2015

Source: www.out-law.com

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Arbitration in landlord and tenant disputes – Tanfield Chambers

‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’

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Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

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Court of Appeal: employer may challenge the amount due under a builder’s final account despite his failure to serve a pay less notice – OUT-LAW.com

Posted December 4th, 2015 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Failure to serve a payment or pay less notice does not prevent an employer from disputing his building contractor’s final account in adjudication proceedings, even where the contractor has already obtained an adjudicator’s decision in his favour, the Court of Appeal has ruled.’

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OUT-LAW.com, 3rd December 2015

Source: www.out-law.com

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Resolving disputes over arbitration jurisdiction ‘good case management’ by English courts, experts say – OUT-LAW.com

‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of dispute resolution.’

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OUT-LAW.com, 1st December 2015

Source: www.out-law.com

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Family ADR boosted by new guidance – Law Society’s Gazette

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

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Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

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Public plead for free legal advice before deciding whether to go to court – Legal Futures

‘Any person thinking about taking their case to court should be able to see a lawyer without cost at least once, according to an opinion poll conducted as part of work on the public perception of justice.’

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Legal Futures, 24th November 2015

Source: www.legalfutures.co.uk

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Leveson: civil courts could introduce online screening of cases – Litigation Futures

Posted November 16th, 2015 in case management, civil justice, dispute resolution, family courts, news by sally

‘Sir Brian Leveson, president of the Queen’s Bench Division, has argued that a “change in approach” is needed by the civil and family courts, including the introduction of a “screening process”.’

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Litigation Futures, 13th November 2015

Source: www.litigationfutures.com

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Justice Knowles urges legal community to ‘work harder’ to keep UK as dispute resolution leader – Legal Week

Posted November 10th, 2015 in arbitration, dispute resolution, judges, news, pilot schemes, speeches by sally

‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’

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Legal Week, 6th November 2015

Source: www.legalweek.co.uk

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Civil court fee increases a ‘serious own goal’ – City lawyers – Law Society’s Gazette

Posted September 30th, 2015 in civil justice, consultations, courts, dispute resolution, fees, news by sally

‘Further civil court fee increases could force international businesses to take their legal work outside the UK, City lawyers have warned.’

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Law Society’s Gazette, 29th September 2015

Source: www.lawgazette.co.uk

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Can access to justice in employment disputes be restored by a new single jurisdiction? – Halsbury’s Law Exchange

Posted September 21st, 2015 in costs, dispute resolution, employment tribunals, jurisdiction, news by sally

‘In 2013 radical changes were introduced to the Employment Tribunal system, which, since its inception in the 1970s, had enabled employees to bring their disputes before a legally qualified Chairman free of charge. Since 2013 legal costs have been incurred automatically upon issuing proceedings. Before issuing proceedings the parties have an opportunity to reach a settlement via the ACAS early conciliation process. But there may be little incentive for an employer to engage in a conciliated settlement, where the employee is unlikely to be able to afford the tribunal fees.’

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Halsbury’s Law Exchange, 18th September 2015

Source: www.halsburyslawexchange.co.uk

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