Speech by the Lord Chief Justice: Building the Best Court Forum for Commercial Dispute Resolution – Courts and Tribunals Judiciary

Posted December 7th, 2016 in courts, dispute resolution, speeches, Wales by tracey

‘Speech given at the Wales Commercial Law Association, Cardiff, 21 October 2016.’

Full speech

Courts and Tribunals Judiciary, 5th December 2016

Source: www.judiciary.gov.uk

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Share of EU litigants using English courts falls further – OUT-LAW.com

Posted December 5th, 2016 in choice of forum, dispute resolution, news, referendums, treaties by sally

‘The share of European litigants opting to settle their disputes in the English courts has fallen for the fourth successive year, down to 20% from a peak of 35% in 2012/13, according to annual research.’

Full story

OUT-LAW.com, 2nd December 2016

Source: www.out-law.com

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High Court: part 36 offer extinguished earlier common law offer – Litigation Futures

Posted November 22nd, 2016 in dispute resolution, news, part 36 offers, time limits by sally

‘A part 36 offer acts as a counter-offer that extinguishes an earlier offer based on common law principles, the High Court has ruled in a decision that one of the solicitors involved said “could influence settlement techniques and tactics in many commercial disputes in future”.’

Full story

Litigation Futures, 22nd November 2016

Source: www.litigationfutures.com

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Negotiating in the Shadow of the Court: Mediation in parallel with litigation – Family Law Week

‘Madeleine Reardon, barrister of 1 King’s Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.’

Full story

Family Law Week, 27th October 2016

Source: www.familylawweek.co.uk

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Defendant penalised after “unreasonably” refusing to mediate costs dispute – Litigation Fures

Posted October 25th, 2016 in arbitration, costs, dispute resolution, news by michael

‘Newspaper group Mirror Group Newspapers has been hit with indemnity costs after the Senior Costs Judge ruled that it had unreasonably failed to engage in efforts to use alternative dispute resolution instead of going to detailed assessment.’

Full story

Litigation Futures, 20th October 2016

Source: www.litigationfutures.com

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High Court confirms distinction in law between interim and final payments – Out-Law.com

Posted October 24th, 2016 in construction industry, contracts, dispute resolution, news by michael

‘A second “valuation” adjudication confirming the value of the final payment due under a construction contract is permissible, the High Court has ruled.’

Full story

Out-Law.com, 21st October 2016

Source: www.out-law.com

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Judges prepare profession for ODR across less complex cases and court administration in the cloud – Legal Futures

Posted October 18th, 2016 in courts, dispute resolution, internet, judiciary, legal profession, news, speeches, tribunals by sally

‘Online dispute resolution “will become the norm for much of the less complex work in civil, family and tribunals jurisdictions”, the Senior President of Tribunals said over the weekend.’

Full story

Legal Futures, 17th October 2016

Source: www.legalfutures.co.uk

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Briggs urges barristers to embrace direct access – Legal Futures

Posted October 18th, 2016 in barristers, courts, dispute resolution, internet, news by sally

‘The Bar has nothing to fear from an online court, but it must take direct access “seriously”, Lord Justice Briggs has said.’

Full story

Legal Futures, 18th October 2016

Source: www.legalfutures.co.uk

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Bar Conference – embrace digital justice, tribunals president urges – Law Society’s Gazette

Posted October 17th, 2016 in barristers, dispute resolution, electronic filing, news by tracey

‘Online dispute resolution will ’become the norm’ in less complex civil, family and tribunals cases, the annual bar conference heard today.’

Full story

Law Society’s Gazette, 15th October 2016

Source: www.lawgazette.co.uk

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Briggs: online court will take the ‘A’ out of ‘ADR’ – Law Society’s Gazette

Posted September 27th, 2016 in arbitration, courts, dispute resolution, internet, judges, news by sally

‘Mediation will become the cultural norm should a new online court dealing with all monetary claims up to £25,000 become reality, Lord Justice Briggs has predicted.’

Full story

Law Society’s Gazette, 26th September 2016

Source: www.lawgazette.co.uk

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Expect case soon on right of parties to recover costs of adjudication, says expert – OUT-LAW.com

Posted September 26th, 2016 in costs, dispute resolution, news by sally

‘Parties are becoming increasingly likely to claim their costs when settling debt-related disputes via adjudication – but the statutes remain conflicted over whether or not this is legally possible.’

Full story

OUT-LAW.com, 26th September 2016

Source: www.out-law.com

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Modern divorce: the new rules of splitting up – The Guardian

‘The end of the summer holidays is a peak period for breakups. But now couples are looking for fast and amicable ways to avoid being mired in the blame game, will the law finally catch up?’

Full story

The Guardian, 23rd August 2016

Source: www.guardian.co.uk

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What is London litigation’s place in the post-Brexit world? – Halsbury’s Law Exchange

‘It will be a while yet before the dust settles following the outcome of the 23 June referendum on the UK’s membership of the EU. London’s litigators are likely to have voted in different ways on an issue that touches so many different areas of our lives. But I am sure all would agree that the uncertainties generated by the result have the capacity to damage London as a global centre for litigation if not properly managed and addressed. Other litigation hubs are already seeking to capitalise and highlight challenges litigants in London may now face in a bid to attract work. It is vital that as a profession we work to meet that head on.’

Full story

Halsbury’s Law Exchange, 9th August 2016

Source: www.halsburyslawexchange.co.uk

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Finance & Divorce Update, July 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 June 2016.’

Full story

Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

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The digital drive – Counsel

‘Catherine Baksi considers whether lawyers, judges, courts and clients are ready for a digital revolution, the drivers for change, and impact on access to justice.’

Full story

Counsel, July 2016

Source: www.counselmagazine.co.uk

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Is London still ahead of the game? – Counsel

‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’

Full story

Counsel, July 2016

Source: www.counselmagazine.co.uk

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Speech by Lady Justice Arden DBE: Is Commercial Arbitration the Future of Commercial Justice? – Courts and Tribunals Judiciary

‘Is Commercial Arbitration the Future of Commercial Justice?’

Full speech

Courts and Tribunals Judiciary,  5th July 2016

Source: www.judiciary.gov.uk

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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.’

Full story

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.’

Full story

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.’

Full story

The Independent, 20th June 2016

Source: www.independent.co.uk

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