Family Mediation – Boom or Bust? – Family Law Week

Posted November 24th, 2014 in dispute resolution, divorce, families, news by sally

‘Amina Somers, Head of Family Mediation at Goodman Ray, asks what can be done to increase the take-up of family mediation.’

Full story

Family Law Week, 22nd November 2014

Source: www.familylawweek.co.uk

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The Spywatcher – BBC Law in Action

Posted October 30th, 2014 in dispute resolution, fraud, inquiries, intelligence services, judges, marriage, news by sally

‘The Intelligence Services Commissioner, Sir Mark Waller, gives Law In Action his first broadcast interview.

Sir Mark, a retired judge, is charged with judicial oversight of, among other organisations, MI5, MI6 and GCHQ.’

Listen

BBC Law in Action,

Source: www.bbc.co.uk

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Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

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Adjudication ordered in £1.3m dispute between council and solar energy business – Local Government Lawyer

Posted October 13th, 2014 in contracts, damages, dispute resolution, energy, local government, news by sally

‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’

Full story

Local Government Lawyer, 13th October 2014

Source: www.localgovernmentlawyer.co.uk

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Finance & Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during September.’

Full story

Family Law Week, 5th October 2014

Source: www.familylawweek.co.uk

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Finance & Divorce Update – Family Law

‘Jessica Craigs, senior solicitor and Amy Starnes solicitor, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published by Family Law Week in August.’

Full story

Family Law Week, 5th September 2014

Source: www.familylawweek.co.uk

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Lawyers critical of free mediation scheme – Law Society’s Gazette

Posted August 22nd, 2014 in budgets, dispute resolution, divorce, legal aid, news, solicitors by tracey

‘The government’s scheme to fund a free mediation session for separating couples will do little to increase the number of people resolving disputes out of court, lawyers have claimed.’

Full story

Law Society’s Gazette, 21st August 2014

Source: www.lawgazette.co.uk

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Mothers’ names to be added to UK marriage registers in equality move – The Guardian

‘The names of couples’ mothers are to be added to marriage registers for the first time as the government addresses “another inequality in marriage” by introducing the first reforms to the system in more than 150 years, David Cameron has announced.’

Full story

The Guardian, 18th August 2014

Source: www.guardian.co.uk

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English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com

‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 7th August 2014

Source: www.out-law.com

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The risks – and costs – of choosing not to mediate – Hardwicke Chambers

Posted August 7th, 2014 in costs, dispute resolution, news by sally

‘Mediation is a flexible, and generally cost effective way of resolving disputes outside of the courtroom. Although mediation is growing in popularity, particularly in run-of-the-mill commercial disputes, there are still instances where the parties, given the option to mediate, choose to litigate. Such a choice comes with a high degree of risk, as emphasised by a recent decision of the High Court in Manchester – Garritt-Critchley v Ronnan [2014] EWHC 1774 (Ch).’

Full story

Hardwicke Chambers, 18th July 2014

Source: www.hardwicke.co.uk

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Fair or foul: sport and the law – Henderson Chambers

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

Full story (PDF)

Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

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End of the line for mediation? – New Law Journal

Posted August 1st, 2014 in budgets, dispute resolution, families, legal services, news by sally

‘Family mediation services are in decline & in need of urgent reform, says Graham Lyons.’

Full story

New Law Journal, 31st July 2014

Source: www.newlawjournal.co.uk

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Legal aid cuts have left family courts ‘at breaking point’ – The Guardian

‘The family courts system is at breaking point due to delays caused by unrepresented litigants and overstretched judges, according to the body that represents lawyers and professionals in divorce hearings.’

Full story

The Guardian, 29th July 2014

Source: www.guardian.co.uk

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Children will be seen and heard in Family Courts – Ministry of Justice

Posted July 25th, 2014 in children, dispute resolution, family courts, press releases by tracey

‘Children will be given a greater voice in the family justice system so they can tell judges how they feel and what they think about the family disputes they are involved in.’

Full press release

Ministry of Justice, 25th July 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th July 2014

Source: www.out-law.com

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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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New laws needed for tug-of-love dogs, says divorce expert – The Independent

Posted June 30th, 2014 in custody, dispute resolution, divorce, dogs, news by sally

‘For centuries, the dog has held the title of man’s best friend, but what happens when the same animal is also the woman’s best friend? A legal academic has called for the UK to revolutionise the way in which pets are treated in divorce custody battles.’

Full story

The Independent, 29th June 2014

Source: www.independent.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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Mediation and government – Ministry of Justice

Posted June 20th, 2014 in dispute resolution, government departments, speeches by tracey

‘Lord Faulks QC’s keynote speech at the Civil Mediation Conference on 22 May 2014.’

Full speech

Ministry of Justice, 19th June 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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