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.’

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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.’

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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.’

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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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Supreme Court to rule on status of Sikh ‘saint’ – The Independent

‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’

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The Independent, 8th June 2014

Source: www.independent.co.uk

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The Jackson Reforms: One year on – Falcon Chambers

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

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Can you really divorce online for £37? – Daily Telegraph

‘Filing the papers can be cheap, but to ensure you get the outcome you want you will probably have to spend more.’

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Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

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Leading judges in damning attack on civil aid cuts – Law Society’s Gazette

‘Senior judges have launched their most scathing attack yet on the government’s cuts to civil legal aid. In written evidence responding to the government’s consultation on the first year of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, the Judicial Executive Board said courts have faced an ‘unprecedented increase’ in numbers of litigants in person (LiPs).’

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Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

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Cuts will not damage family justice, says Munby – Law Society’s Gazette

‘Legal aid cuts will not undermine family justice, the head of the Family Division insisted last week as he mooted plans for judge-free divorces and greater legal rights for separating cohabitees.’

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Law Society’s Gazette, 5th May 2014

Source: www.lawgazette.co.uk

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Couples should be able to divorce without going to court, says top judge – The Guardian

Posted April 30th, 2014 in cohabitation, courts, dispute resolution, divorce, judiciary, married persons, news by sally

‘Couples agreeing to divorce by consent should be able to arrange their own separations with a trip to the registrar rather than having to go to court, the most senior family judge in England and Wales says.’

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The Guardian, 29th April 2014

Source: www.guardian.co.uk

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The Child Arrangements Programme 2014: The Key Provisions – Family Law week

‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’

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Family Law Week, 23rd April 2014

Source: www.familylawweek.co.uk

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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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Expert determination: Hidden pitfalls – Hardwicke Chambers

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

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Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.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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Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Why an inquisitorial system for family courts won’t work – Halsbury’s Law Exchange

‘The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of cases seen there and the significant numbers of litigants in person who now make up large numbers of the users of that system.’

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Halsbury’s Law Exchange, 12th March 2014

Source: www.halsburyslawexchange.co.uk

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Mann v Mann – WLR daily

Mann v Mann: [2014] EWHC 537 (Fam);   [2014] WLR (D)  114

‘In proceedings to enforce an order for ancillary relief, not governed by FPR Pt 9, where the parties had made an agreement to engage in alternative dispute resolution (“ADR”) the court could exercise its powers under FPR r 3.3(1)(b) to enable ADR to take place even if one party was trying to back out of that agreement. Although it was not possible to compel the parties to take part in mediation, since that would operate as a bar to enforcement, it was possible to robustly encourage mediation by means of an “Ungley order” to make it clear that an unreasonable refusal to participate in the ADR might well attract a costs sanction.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

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Couple in custody feud told: ‘sit down and have a cup of tea’ – Daily Telegraph

Posted February 19th, 2014 in children, custody, dispute resolution, news by sally

‘Man and woman embroiled in years of legal action over children suggested by judge to “sit down around the kitchen table”.’

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Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

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