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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Law Society in England calls for ‘radical’ employment tribunal reform – OUT-LAW.com

‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

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Employed barristers need specialist training in “persuasive advocacy” beyond the courtroom – Legal Futures

Posted September 14th, 2015 in advocacy, barristers, dispute resolution, employment, legal education, news, statistics by tracey

‘The needs of employed barristers should not be ignored and “second class citizenship” should “by now be a myth”, a former Crown prosecutor has said.’

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Legal Futures, 14th September 2014

Source: www.legalfutures.co.uk

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Finance & Divorce Update September 2015 – 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 August 2015.’

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Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk

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European rules would make it harder for LeO to reject complaints – Legal Futures

Posted September 8th, 2015 in complaints, consultations, dispute resolution, EC law, legal ombudsman, news by sally

‘The European directive on alternative dispute resolution (ADR) will not only extend the period for making complaints about lawyers from six to 12 months, but reduce the grounds for the Legal Ombudsman (LeO) to reject them, it has emerged.’

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Legal Futures, 8th September 2015

Source: www.legalfutures.co.uk

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Finance & Divorce Update – 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 July 2015.’

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Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

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Rise in divorce cases signals mediation failure – Law Society’s Gazette

Posted August 26th, 2015 in dispute resolution, divorce, news, statistics by sally

‘A continuing rise in the number of new private law cases could signal that not enough divorcing couples are being channelled towards mediation, family law organisation Resolution has said.’

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Law Society’s Gazette, 24th August 2015

Source: www.lawgazette.co.uk

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ADR and costs – Hardwicke Chambers

Posted July 28th, 2015 in arbitration, budgets, costs, dispute resolution, news by sally

‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

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