“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by tracey

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

July to September 2017 case review for construction practitioners – Practical Law: Construction Blog

Posted October 5th, 2017 in arbitration, construction industry, contracts, negligence, news by tracey

‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

Litigant-in-person figures expose family courts crisis – Law Society’s Gazette

Posted October 3rd, 2017 in arbitration, family courts, litigants in person, news, statistics by sally

‘Latest government figures highlighting the rising number of private law cases and litigants in person have prompted calls for the government to heed recent warnings about the family justice system.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

Third party arbitration funding here to stay, says expert, as major report published – OUT-LAW.com

Posted September 21st, 2017 in arbitration, dispute resolution, international law, news, reports, third parties by sally

‘Dispute resolution bodies must develop an understanding of the issues raised by third party funding as the role it plays in international arbitration continues to grow.’

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OUT-LAW.com, 21st September 2017

Source: www.out-law.com

Using Part 8 to “appeal” adjudicator’s decision – Practical Law: Construction Blog

Posted September 12th, 2017 in appeals, arbitration, construction industry, contracting out, contracts, news by tracey

‘It isn’t every day that we get to refer to Will Smith’s “wicky wicky wild wild wild west“, on this blog, but Jonathan managed it last year when he discussed Fraser J’s judgment in Beumer Group UK Ltd v Vinci Construction UK Ltd. The parties have been before the court again, this time before O’Farrell J, on a Part 8 declaratory relief application. There is no mention of the wild west this time around. It was all about whether the adjudicator had correctly interpreted the parties’ sub-contract. Not a subject for cowboys!.’

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Practical Law: Construction Blog, 12th September 2017

Source: constructionblog.practicallaw.com

Fail to engage in adr at your peril – Zenith PI

Posted September 7th, 2017 in arbitration, news, part 36 offers, personal injuries by tracey

‘Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims.’

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Zenith PI, 5th September 2017

Source: zenithpi.wordpress.com

Arbitration: ‘Non-existent’ respondents – Law Society’s Gazette

Posted September 4th, 2017 in arbitration, jurisdiction, news, ships, statutory interpretation, succession by sally

‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’

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Law Society's Gazette, 4th September 2017

Source: www.lawgazette.co.uk

The Court of Appeal speaks again: Gore v Naheed – Garden Court Chambers

Posted July 6th, 2017 in appeals, arbitration, costs, news by sally

‘In May this year I blogged about the case of Thakkar v Patel [2017] EWCA Civ 117 as an example of a case in which the Court of Appeal was encouraging parties to mediate their dispute or face serious cost consequences [Mediation? “Get on with it” says the Court of Appeal]. In that case the Court found that mediation was “obviously appropriate” and did not occur because of lack of co-operation by the defendant. I commented then that “no two cases are the same”. Now along comes the case of Gore v Naheed [2017] EWCA Civ 369.’

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Garden Court Chambers, 26th June 2017

Source: gardencourtmediation.co.uk

Supreme Court finds difference in value should not be offset against loss for breach of contract – OUT-LAW.Com

Posted July 3rd, 2017 in arbitration, causation, charterparties, damages, news by tracey

‘A ship owner who sold a vessel after a charterer breached its contract, making more money than it would have done selling the ship at the end of the breached contract, does not have to offset that difference in value against its claim for loss of earnings, the Supreme Court has ruled.’

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OUT-LAW.com, 29th June 2017

Source: www.out-law.com

English courts’ willingness to uphold parties’ choice of law provides certainty in Brexit world, says expert – OUT-LAW.com

‘A Court of Appeal decision upholding the parties’ choice to use English law under a swap agreement will provide some relief to financial firms despite the ongoing uncertainty around the UK’s decision to leave the EU, an expert has said.’

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OUT-LAW.com, 21st June 2017

Source: www.out-law.com

Interim Injunctions in Sport Litigation – Blackstone Chambers

Posted June 9th, 2017 in arbitration, injunctions, news, sport by sally

‘This paper is the second in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

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Blackstone Chambers, 31st May 2017

Source: www.sportslawbulletin.org

To mediate or not to mediate? – New Law Journal

Posted May 30th, 2017 in arbitration, costs, news by sally

‘Catriona Stewart discusses the possible cost consequences of delayed or abandoned mediation attempts.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Appeal court judge outlines hesitation at penalising parties who shun mediation – Litigation Futures

Posted May 25th, 2017 in appeals, arbitration, costs, judges, news by tracey

‘Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested.’

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Litigation Futures, 25th May 2017

Source: www.litigationfutures.com

Judgment shows value of injunctions during ongoing disputes, says expert – OUT-LAW.com

Posted May 19th, 2017 in arbitration, injunctions, news by tracey

‘Three oil mining companies have been held in contempt of court by a High Court judge after they breached an injunction preventing certain commercial activities while arbitration was ongoing.’

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OUT-LAW.com, 18th May 2017

Source: www.out-law.com

Construction v Insolvency: Adjudicators’ decisions will be enforced, despite a statutory moratorium – Hardwicke Chambers

Posted May 16th, 2017 in arbitration, construction industry, enforcement, insolvency, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’

Full story

Hardwicke Chambers, 24th April 2017

Source: www.hardwicke.co.uk

Nokia and Apple patent dispute comes before High Court in London – OUT-LAW.com

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

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OUT-LAW.com, 7th April 2017

Source: www.out-law.com

Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

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Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

When is an antitrust/competition claim caught by an arbitration clause? The Microsoft Mobile decision – Competition Bulletin from Blackstone Chambers

Posted March 9th, 2017 in agreements, arbitration, competition, contracts, news, price fixing, sale of goods by sally

‘The decision of the High Court in Microsoft Mobile Oy (Ltd) v Sony offers some helpful guidance as to when a competition law tort claim will be caught by an arbitration clause in a sale or supply agreement.’

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Competition Bulletin from Blackstone Chambers, 7th March 2017

Source: www.competitionbulletin.com

Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017 – Courts and Tribunals Judiciary

Posted March 8th, 2017 in arbitration, courts, dispute resolution, international law, speeches by tracey

‘Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017.’

Full speech

Courts and Tribunals Judiciary, 7th march 2017

Source: www.judiciary.gov.uk

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

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Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk