Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Supreme Court: losing party to adjudication has six years to challenge that decision in the courts – OUT-LAW.com

Posted June 19th, 2015 in contracts, dispute resolution, limitations, news by tracey

‘A party seeking repayment of sums paid following an adjudication award against it has six years from the date of payment to do so, the UK’s highest court has confirmed.’

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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

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Is crowdfunded litigation the future of justice? – The Guardian

Posted May 26th, 2015 in costs, dispute resolution, internet, news, public interest, third parties by sally

‘With legal aid in crisis, CrowdJustice selects public interest cases and invites the public to fund them. But it faces many obstacles to enacting real change.’

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The Guardian, 25th May 2015

Source: www.guardian.co.uk

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Judges unveil streamlined trial procedures for commercial cases – Litigation Futures

‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

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Extend divorce mediation meetings to “smaller civil cases”, Lord Neuberger says – Litigation Futures

Posted May 13th, 2015 in dispute resolution, divorce, news by tracey

‘Lord Neuberger has said that the compulsory mediation information and assessment meetings (MIAMs) introduced for separating couples should be extended to “smaller civil cases”.’

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Litigation Futures, 13th May 2015

Source: www.litigationfutures.com

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Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

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Liberties, Customs and the Free Flow of Trade – Speech by the Master of the Rolls

Liberties, Customs and the Free Flow of Trade (PDF)

Speech by the Master of the Rolls

4th Annual British Irish Commercial Law Forum, 23rd April 2015

Source: www.judiciary.gov.uk

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JUSTICE proposes lawyer-free dispute resolution model – Legal Voice

‘A new dispute resolution model ‘minimising the need for lawyers’ for a justice system ‘reeling from the impact of ongoing state retrenchment’, has been proposed by the Human rights group JUSTICE. In a new report (Delivering Justice in an Age of Austerity) the human rights group argues that the assumption that people will be legally represented post-LASPO is redundant.’

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Legal Voice, 28th April 2015

Source: www.legalvoice.org.uk

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Family Arbitration – The Inner Temple

Posted April 8th, 2015 in arbitration, children, confidentiality, courts, dispute resolution, families, news by sally

Family Arbitration (PDF)

Sir Hugh Bennett

The Inner Temple, 30th March 2015

Source: www.innertemple.org.uk

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PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

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Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

Full story (PDF)

39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

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Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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Alternative dispute resolution – Law Society’s Gazette

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

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Bring in blame-free divorces and rights for cohabitants, says law body – The Guardian

Posted February 23rd, 2015 in children, cohabitation, dispute resolution, divorce, equality, news by sally

‘Blame-free divorces and fairer property rights for cohabiting couples should be introduced as a matter of urgency, a leading family law organisation has urged.’

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The Guardian, 23rd February 2015

Source: www.guardian.co.uk

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Online courts: type “J” for “Judge” – Halsbury’s Law Exchange

Posted February 19th, 2015 in courts, dispute resolution, internet, news, reports, small claims by sally

‘Whenever I read stories about IT and the courts system I often get a funny sense of déjà vu (or perhaps copy and paste) but this week I read something that was more genuinely radical.’

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Halsbury’s Law Exchange, 18th February 2015

Source: www.halsburyslawexchange.co.uk

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Online court proposed to resolve claims of up to £25,000 – The Guardian

Posted February 16th, 2015 in dispute resolution, internet, legal aid, news, small claims, telephone hearings by sally

‘The UK justice system should receive a radical overhaul for the digital age with the creation of an online court to expand access to justice and resolve claims of up to £25,000, the official body that oversees civil courts has recommended.’

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The Guardian, 16th February 2015

Source: www.guardian.co.uk

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Judicial Review: Case Update – No. 5 Chambers

Posted December 18th, 2014 in costs, dispute resolution, judicial review, news by sally

‘In this paper, I will review two cases from earlier this year. The first case discusses the issue of costs and what may be considered to be an unreasonable refusal to engage in Alternative Dispute Resolution ( ADR) or not. The second case examines the scope and implications of an order that an application for permission to judicial review is totally without merit.’

Full story (PDF)

No. 5 Chambers, 15th December 2014

Source: www.no5.com

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Domestic CCTV users may face tougher rules – The Guardian

‘Homeowners who use a domestic surveillance camera system on their properties but fail to take their neighbours’ privacy into account could face tougher rules in future, a Home Office watchdog has said.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

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Judge issues ultimatum after ‘absurd’ £1.3m family dispute – Law Society’s Gazette

Posted December 8th, 2014 in costs, dispute resolution, documents, family courts, news by sally

‘A judge has taken the unusual step of removing most case documents from court and giving partners a final ultimatum to settle their separation dispute.’

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Law Society’s Gazette,

Source: www.lawgazette.co.uk

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Boundaries And The Interpretation Of Conveyances: Myths And Legends – No. 5 Chambers

Posted December 3rd, 2014 in boundaries, conveyancing, dispute resolution, evidence, interpretation, news by sally

‘The aim of this seminar is to examine a number of commonly held misconceptions about boundary interpretation – “the myths” – and to look at one or two legends along the way.’

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No. 5 Chambers, 28th November 2014

Source: www.no5.com

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