“Justice Secretary Ken Clarke has today (23 January) urged separating couples to consider mediation when they separate or divorce, instead of turning to the courts.”
Ministry of Justice, 23rd January 2012
Source: www.justice.gov.uk
“In his keynote address, delivered at a reception hosted by Collaborative Family Law last week, Lord Wilson of Culworth referred to the advent of an arbitration scheme to determine family disputes. This article offers an explanation as to how that scheme, which will be launched in February 2012, will work.”
Family Law Week, 5th December 2011
Source: www.familylawweek.co.uk
“A loss of unfair dismissal rights, changes to tribunal entitlement, and faster lay-offs are among the reforms proposed.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Vince Cable has announced yet more employment law reform. Rajeev Thacker questions whether there is any justification for this further erosion of employee rights.”
Garden Court Chambers Blog, 23rd November 2011
Source: www.gclaw.wordpress.com
“OPINION: Companies can breathe a sigh of relief that the UK courts have underlined the integrity of international arbitration cases which are heard in the UK. Courts have confirmed that, largely, they will refuse to overturn arbitration awards.”
OUT-LAW.com, 17th November 2011
Source: www.out-law.com
“A group of villagers who claimed they were testing the government’s commitment to ‘localism’ by challenging a waste company’s right to dump radioactive materials in a nearby landfill site have failed in a high court challenge.”
The Guardian, 3rd November 2011
Source: www.guardian.co.uk
“Hogan Lovells’ Jerome Finnis dissects a surprise decision by the Court of Appeal regarding the nationality of arbitrators, and why the Supreme Court reversed it.”
Legal Week, 29th September 2011
Source: www.legalweek.com
“An arbitrator is not likely to be biased by the mere fact that he is working for one of the parties on an unrelated case, a judge has said.”
OUT-LAW.com, 28th September 2011
Source: www.out-law.com
“There was a collective sigh of relief last week as the Supreme Court overturned an appellate court ruling to find that arbitrators cannot be classed as employees and therefore are not subject to UK equality rules.”
The Lawyer, 1st August 2011
Source: www.thelawyer.com
“An arbitration agreement could lawfully require that the arbitrators appointed had to be members of a particular religious community since the Employment Equality (Religion or Belief) Regulations 2003, which prohibited employers from discriminating on religious grounds, did not apply to the selection or appointment of arbitrators, who were not employees of the arbitrating parties appearing before them. An arbitration clause in a commercial agreement between two members of the Ismaili community requiring that, in the event of a dispute between them, any arbitrators they appointed had to be members of the Ismaili faith was therefore valid and precluded the appointment by one of the parties of a non-Ismaili.”
WLR Daily, 27th July 2011
Source: www.iclr.co.uk
“The Supreme Court has ruled that arbitrators are not employees for the purposes of employment equality legislation.”
Law Society’s Gazette, 27th July 2011
Source: www.lawgazette.co.uk
Fulham Football Club (1987) v Richards and another [2011] EWCA Civ 855; [2011] WLR (D) 241
“A dispute between a premier league football club and the first and second defendants, the chairman of the Football Association Premier League Ltd and the company itself, was covered by arbitration clauses in the rules of the company and the Football Association. Neither the Companies Act 2006 nor considerations of public policy prohibited the submission to arbitration of matters relating to an unfair prejudice petition under section 994 of the 2006 Act.”
WLR Daily, 21st July 2011
Source: www.iclr.co.uk
“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”
WLR Daily, 18th July 2011
Source: www.iclr.co.uk
“The Government has signed the first Dispute Resolution Commitment (DRC), which requires all departments and agencies to use mediation, arbitration and conciliation wherever possible before taking disputes to court.”
Ministry of Justice, 23rd June 2011
Source: www.justice.gov.uk
“Islamic courts would be forced to acknowledge the primacy of English law under a bill being introduced in the House of Lords. The bill, proposed by Lady Cox and backed by women’s rights groups and the National Secular Society, was drawn up because of ‘deep concerns’ that Muslim women are suffering discrimination within closed sharia law councils.”
The Guardian, 8th June 2011
Source: www.guardian.co.uk
“The High Court had jurisdiction to intervene to enforce an arbitration agreement even where no arbitration had commenced and none was intended to be commenced. Whether or not the court would assist a claimant seeking to have a dispute resolved in accordance with the arbitration agreement was a matter of discretion, but it would be contrary to principle for the court to refuse to grant an anti-suit injunction to the claimant under those circumstances as a matter of jurisdiction.”
WLR Daily, 27th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Fears that a damaging compensation culture and an unwieldy justice system is costing businesses millions of pounds and deterring deserving individuals from using the justice system are to be tackled under plans announced today.”
Ministry of Justice, 29th March 2011
Source: www.justice.gov.uk
“Grandparents will get new legal powers to guarantee them access to their grandchildren following divorce battles under proposals unveiled today, The Daily Telegraph can disclose.”
Daily Telegraph, 31st March 2011
Source: www.telegraph.co.uk
“Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set up their own niche practices. However, others are embracing change and are among their firms’ top teams in terms of fee income and profitability.”
Law Society’s Gazette, 17th March 2011
Source: www.lawgazette.co.uk
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