‘The new justice minister, Simon Hughes, whose departmental responsibilities include family law, has backed government plans to make mediation mandatory for separating couples.’
The Guardian, 7th January 2014
Source: www.guardian.co.uk
‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’
Hardwicke Chambers, 3rd December 2013
Source: www.hardwicke.co.uk
“International arbitration has something of a reputation as the ‘Wild West’ of the law; a land where personalities are at least as important (or perhaps more so) than procedural rules, and legal representatives can be viewed by their clients as hired guns.”
Halsbury’s Law Exchange, 21st November 2013
Source: www.halsburyslawexchange.co.uk
“Ironically, the recent developments in international law which have encouraged the recognition of foreign insolvency proceedings and assistance in relation to them have in many cases led to disharmony between our domestic law and the law of the foreign proceedings. The applicable principles on when it is appropriate to grant anti-suit injunctions to protect the right of a party not to be sued in a foreign state have not been worked out fully in relation to insolvency. This is nowhere more apparent than where a foreign debtor enters a foreign insolvency process and prior to the insolvency was party to an agreement containing an English arbitration clause.”
11 Stone Buildings, November 2013
Source: www.11sb.com
“In PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov and others [2013] EWHC 3203 (Comm), Blair J dismissed an application to discharge a worldwide freezing order made against non-arbitrating parties in support of an LCIA arbitration in long-running commercial court proceedings. Charles Samek QC lists three reasons why the case is of importance.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
“The number of divorcing couples using special out-of-court sessions to settle disputes over property and children has collapsed in the wake of legal aid cuts.”
Daily Telegraph, 28th October 2013
Source: www.telegraph.co.uk
“With the legal fees for a ‘simple’ divorce in London now at £2,500, DIY divorce websites are reporting a sharp rise in the number of couples using their services.”
LegalVoice, 19th August 2013
Source: www.legalvoice.org.uk
“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”
OUT-LAW.com, 13th August 2013
Source: www.out-law.com
“The government is introducing measures which it says will take pressure off the courts and tribunals, and in the case of family law disputes fill the gap left by cuts to legal aid. But many practitioners say the policies have not been properly thought through – and may actually hinder the use of mediation.”
Law Society’s Gazette, 12th August 2013
Source: www.lawgazette.co.uk
“A trade mark owner has won the right to stop its mark being adopted as a new generic ‘top-level’ domain (gTLD) by a rival company.”
OUT-LAW.com, 9th August 2013
Source: www.out-law.com
“The grounds for impeaching an adjudication decision are extremely limited. However, Mr Justice Akenhead recently held that ABB Ltd. v BAM Nuttall Ltd [2013] EWHC 1983 (TCC), as one of those relatively rare cases in which reliance by the adjudicator on a clause of the subcontract between the parties – which neither party argued (let alone mentioned to the adjudicator) and which he did not refer to the parties before issuing his decision – was a material breach of the rules of natural justice.”
4 New Square, 30th July 2013
Source: www.4newsquare.com
“The Enterprise and Regulatory Reform Act 2013 [‘ERRA’] received Royal Assent on 25 April 2013, bringing some significant changes to employment law and tribunal procedure. Gemma Roberts highlights the main reforms affecting employment tribunal, ACAS procedure and the changes to whistleblowing; Mugni Islam-Choudhury considers the amendments introduced to the Equality Act 2010.”
No. 5 Chambers, 6th June 2013
Source: www.no5.com
“The English court had a long-standing and well-established jurisdiction to grant an injunction restraining the commencement or continuation of foreign proceedings brought in breach of an arbitration clause, even when neither party had commenced, nor intended to commence, arbitration proceedings in the agreed forum. The Arbitration Act 1996 did not affect the court’s power under that jurisdiction or under s 37 of the Senior Courts Act 1981.”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
“English courts have the power to prevent parties to an arbitration agreement from beginning legal proceedings in foreign courts in breach of that agreement, the Supreme Court has ruled.”
OUT-LAW.com, 13th June 2013
Source: www.out-law.com
“The rules governing when and how an employer will be able to use a confidential
pre-termination settlement agreement to bring an employee contract to an end are
more complicated than they first appear, an expert has said.”
OUT-law.com, 11th June 2013
Source: www.out-law.com
“Separating couples will be legally required to find out about ways to settle disputes away from the courtroom, under new laws currently going through Parliament.”
Ministry of Justice, 5th June 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
“A growing amount of legal work could be ‘de-lawyered’ and provided by organisations that offer a wide range of legal and non-legal services, the strategy director of the Legal Services Board (LSB) has suggested.”
Legal Futures, 4th June 2013
Source: www.legalfutures.co.uk
“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”
Sports Law Bulletin from Blackstone Chambers, 13th May 2013
Source: www.sportslawbulletin.org
© Inner Temple Library 2024