Modernised laws to secure UK as world leader in dispute resolution – Ministry of Justice

Posted November 24th, 2023 in arbitration, bills, dispute resolution, London, news by tracey

‘The UK’s status as a multi-billion-pound global leader in arbitration services will be secured by new legislation introduced to Parliament on 21 November 2023.’

Full Story

Ministry of Justice, 22nd November 2023

Source: www.gov.uk

Court of Appeal confirms applicable test when hearing an application to annul a bankruptcy under section 282(1)(a) (Khan v Singh-Sall and another) – Gatehouse Chambers

Posted November 22nd, 2023 in appeals, bankruptcy, chambers articles, dispute resolution, insolvency, news by sally

‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’

Full Story

Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’

Full Story

Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

Full Story

Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

Company fails in latest round of dispute with its litigation funders – Legal Futures

Posted November 6th, 2023 in damages, dispute resolution, news by tracey

‘A company in dispute with its litigation funders has failed in its bid to fortify their cross-undertakings in damages after arguing it wanted to use the contested funds to back litigation itself.’

Full Story

Legal Futures, 6th November 2023

Source: www.legalfutures.co.uk

High Court ruling on ‘without prejudice’ privilege renders adjudication unenforceable – OUT-LAW.com

Posted October 25th, 2023 in bias, dispute resolution, news, privilege, without prejudice communications by sally

‘A disputed adjudicator’s decision is unenforceable due to apparent bias, according to the High Court in England, after privileged communications were wrongly deemed admissible as evidence during the proceedings.’

Full Story

OUT-LAW.com, 25th October 2023

Source: www.pinsentmasons.com

CJC presses ahead with radical reform plans for pre-action protocols – Legal Futures

‘The Civil Justice Council (CJC) has made only minor changes to proposals for radical reform of pre-action protocols (PAPs) in the first part of a final report on the issue.’

Full Story

Legal Futures, 23rd August 2023

Source: www.legalfutures.co.uk

Alerter by Thomas Evans – Potential Group Action stayed for ADR – Henderson Chambers

‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’

Full Story

Henderson Chambers, 27th July 2023

Source: www.hendersonchambers.co.uk

MoJ rules out any exemptions to small claims mediation plan – Legal Futures

Posted July 27th, 2023 in dispute resolution, Ministry of Justice, news, small claims by sally

‘The Ministry of Justice (MoJ) has ruled out any exemptions to the requirement for compulsory mediation that it is set to introduce for small claims.’

Full Story

Legal Futures, 27th July 2023

Source: www.legalfutures.co.uk

Government to introduce compulsory mediation for small claims – Legal Futures

‘The Ministry of Justice is to introduce compulsory mediation for small claims valued up to £10,000, starting with specified money claims.’

Full Story

Legal Futures, 25th July 2023

Source: www.legalfutures.co.uk

High Court directs UCL students to resolve their claim out of court – Law Society’s Gazette

‘A judge has paused a multi-million-pound student group action claim against a London university over Covid and strike disruption and encouraged parties to resolve their dispute away from court.’

Full Story

Law Society's Gazette, 18th July 2023

Source: www.lawgazette.co.uk

Speech by the Master of the Rolls: Driving system change and addressing injustice – Courts and Tribunals Judiciary

Posted July 17th, 2023 in computer programs, dispute resolution, judges, news, speeches by tracey

‘Speech by the Master of the Rolls: Driving system change and addressing injustice.’

Full speech

Full Story

Courts and Tribunals Judiciary, 13th July 2023

Source: www.judiciary.uk

Appeal allowed despite ‘disastrously handled’ litigation – Law Society’s Gazette

Posted July 7th, 2023 in appeals, child support, children, costs, dispute resolution, families, news by tracey

‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’

Full Story

Law Society’s Gazette, 6th July 2023

Source: www.lawgazette.co.uk

Thoroughly Modern Will Disputes – 5SAH

‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’

Full Story

5SAH, 3rd July 2023

Source: www.5sah.co.uk

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by tracey

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

Full Story

OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

Full Story

Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Costs of case manager meetings cannot be claimed, master rules – Law Society’s Gazette

Posted June 26th, 2023 in budgets, case management, costs, dispute resolution, news, personal injuries by tracey

‘A High Court judge has ruled that charges for meetings with case managers are not claimable because they do not progress the court case.’

Full Story

Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

Full Story

Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Master of the Rolls to the Law Society of Scotland – Courts & Tribunals Judiciary

‘Law and Technology Conference Online lecture, Wednesday 14 June 2023.’

Full speech

Courts & Tribunals Judiciary, 14th June 2023

Source: www.judiciary.uk

High Court rejects claim over decision of adjudicator and fairness of school admissions arrangements – Local Government Lawyer

‘The High Court has rejected a claim which questioned what matters an adjudicator may and must take into account in determining whether a school’s admission arrangements are “fair”.’

Full Story

Local Government Lawyer, 5th June 2023

Source: www.localgovernmentlawyer.co.uk