‘Caroline Wood recently successfully represented the defendant local council in respect of a claim arising from an assault by a teaching assistant on a lunchtime supervisor, both of whom were employees at the same school.’
Park Square Barristers, 25th October 2016
Source: www.parksquarebarristers.co.uk
‘Newspaper group Mirror Group Newspapers has been hit with indemnity costs after the Senior Costs Judge ruled that it had unreasonably failed to engage in efforts to use alternative dispute resolution instead of going to detailed assessment.’
Litigation Futures, 20th October 2016
Source: www.litigationfutures.com
‘A defendant whose conduct forced the claimant to seek third-party funding to take its case to arbitration has to pay the £2m owed to the funder following the claim’s success, the High Court has ruled.’
Litigation Futures, 3rd October 2016
Source: www.litigationfutures.com
‘Mediation will become the cultural norm should a new online court dealing with all monetary claims up to £25,000 become reality, Lord Justice Briggs has predicted.’
Law Society’s Gazette, 26th September 2016
Source: www.lawgazette.co.uk
‘The High Court has today upheld the decision of an arbitrator to allow the recovery of the costs of securing third party funding as costs, in what is being hailed as a landmark decision.’
Litigation Futures, 19th September 2016
Source: www.litigationfutures.com
‘Sophie Nappert analyses how international arbitration in London will fare post-Brexit.’
Counsel, September 2016
Source: www.counselmagazine.co.uk
‘The High Court in England has allowed claimants more time to apply for changes to an arbitral award.’
OUT-LAW.com, 12th August 2016
Source: www.out-law.com
‘Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.’
Hardwicke Chambers, 18th July 2016
Source: www.hardwicke.co.uk
‘Uber is facing a legal challenge from drivers who say that they should be recognised officially as workers at the company, as calls grow for new rights for the UK’s burgeoning army of self-employed individuals.’
The Guardian, 19th July 2016
Source: www.guardian.co.uk
‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’
Counsel, July 2016
Source: www.counselmagazine.co.uk
‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’
Hardwicke Chambers, 29th June 2016
Source: www.hardwicke.co.uk
‘Is Commercial Arbitration the Future of Commercial Justice?’
Courts and Tribunals Judiciary, 5th July 2016
Source: www.judiciary.gov.uk
‘It would be “wrong in principle” for the High Court to rule on the existence of a valid arbitration agreement between two companies ahead of any actual proceedings, as this would deny the arbitral tribunal the power to rule on its own jurisdiction, a judge has found.’
OUT-LAW.com, 8th June 2016
Source: www.out-law.com
Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore and another [2016] EWHC 1118 (Comm)
‘The charterer engaged a third party company to arrange contracts which would be concluded in the charterer’s name but performed by the third party. Through the third party, the charterer entered into a contract of affreightment with the owner. The principal contact point between the owner and the charterer was a junior employee at the third party company. When a dispute arose the owner appointed an arbitrator and e-mailed their notice of arbitration to the third party’s employee, calling on the charterer to appoint their arbitrator. The charterer having not responded, the owner’s arbitrator, in accordance with the terms of the contract, proceeded as the sole arbitrator and made an award in favour of the owner. The charterer applied, pursuant to section 72(1)(b)(c) of the Arbitration Act 1996, for a declaration that the award had been made without jurisdiction, on the ground that the third party’s employee had not had authority to accept service of notice of commencement of arbitration proceedings on the charterer’s behalf and that service on him had not been in accordance with section 76 of the 1996 Act. The owner contended that the employee had had actual implied authority and/or ostensible authority to receive notice of arbitration on the charterer’s behalf.’
WLR Daily, 20th May 2016
Source: www.iclr.co.uk
HC Trading Malta Ltd v Tradeland Commodities SL [2016] EWHC 1279 (Comm)
‘The parties were in communication in relation to a proposed transaction whereby the defendant would purchase 250,000mt of clinker from the claimant. However, no actual shipments occurred and some months after the last significant communication between the parties, the claimant asserted that there was a binding contract, containing a London arbitration clause, that the defendant was required to perform. The defendant denied that any such contract had been concluded. The claimant made clear its settled intention to make a contractual claim against the defendant in a London arbitration pursuant to the arbitration clause, so that such an arbitration could be viewed as imminent. The defendant, denying the existence of the contract, had no claim of its own against the claimant, and indicated that it would contest jurisdiction once the arbitration proceedings were commenced. The claimant, prior to commencing arbitration proceedings, issued a claim in the High Court by which it sought a declaration that there was a binding arbitration agreement subject to English law and which covered its proposed claims. The defendant applied, inter alia, to have that claim set aside.’
WLR Daily, 2nd June 2016
Source: www.iclr.co.uk
‘Divorce can be a costly legal battleground as well as an emotional ordeal. But a new app, amicable, could provide a better way.’
The Guardian, 2nd June 2016
Source: www.guardian.co.uk
‘The time allowed to challenge an arbitration award begins on the date that the award is made, and not when the parties receive it, the High Court in England has said.’
OUT-LAW.com, 29th April 2016
Source: www.out-law.com
‘With both the US and London mayoral elections gaining momentum, and leading commentators poised to offer independent research, enlivened views and sage analysis, you really would be forgiven for not having had your eyes trained on recent enforcement action in the TCC.’
Hardwicke Chambers, 1st April 2016
Source: www.hardwicke.co.uk
‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’
OUT-LAW.com, 4th April 2016
Source: www.out-law.com
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