TCC decides adjudicator did not stray off course – Practical Law Construction Blog

‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’

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Practical Law Construction Blog, 13th May 2020

Source: constructionblog.practicallaw.com

Successful defendant penalised in costs for ADR failure – Litigation Futures

Posted May 15th, 2020 in costs, dispute resolution, indemnities, news by sally

‘The High Court has penalised a successful party for refusing to engage in alternative dispute resolution (ADR), saying it had brought the litigation on itself as a result.’

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Litigation Futures, 14th May 2020

Source: www.litigationfutures.com

Disciplinary and Grievance Procedures During the Coronavirus Pandemic: Guidance from ACAS – Coronavirus Guidance for Lawyers and Businesses

‘ACAS has produced guidance on Disciplinary and grievance procedures during the coronavirus pandemic.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th May 2020

Source: lawinthetimeofcorona.wordpress.com

Meadowside exceptions applied in Balfour Beatty Civil Engineering Limited, Balfour Beatty Group Limited v Astec Projects Limited (In Liquidation) [2020] EWHC 796 (TCC) – Hardwicke Chambers

Posted May 12th, 2020 in chambers articles, construction industry, dispute resolution, news by sally

‘Balfour Beatty brought an application seeking the injunction of three adjudications that was sought by Astec. Astec engaged in three sub-contracts with Balfour Beatty, the main contractor, for various aspects of work to and around Blackfriars Station. The works began in 2010, but in April 2014 Astec went into administration and then liquidation in October 2014. Nothing happened after liquidation, until Astec sent a claim letter on 24th December 2019 and a first notice of adjudication on 24th January 2020.’

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Hardwicke Chambers, 4th May 2020

Source: hardwicke.co.uk

Have you just unreasonably refused to mediate? – 33 Bedford Row

Posted May 11th, 2020 in chambers articles, dispute resolution, news by sally

‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’

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33 Bedford Row, 30th April 2020

Source: www.33bedfordrow.co.uk

Interactive remote ADR: the flexible route around the ongoing court logjam – Hardwicke Chambers

‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Jurisdiction of the court as well as the adjudicator under scrutiny – Hardwicke Chambers

‘Waksman J was asked by a contractor, Flexidig, to enforce an adjudicator’s decision ordering payment against its employer, M&M. Flexidig had been appointed by M&M to carry out civil works associated with the installation of new Virgin Media underground infrastructure in Lough, Lincolnshire.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Benefits of ADR (and risks of refusing) – Park Square Barristers

Posted May 7th, 2020 in chambers articles, dispute resolution, news by sally

‘Most litigators will have seen the standard directions order requiring parties to consider alternative dispute resolution as a means of resolving their case. Most will also appreciate the potential cost consequences of unreasonably refusing to engage in ADR. Despite this, it is not uncommon for one party to refuse to engage in any form of ADR due to the perception that it has a strong case.’

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Park Square Barristers, 6th May 2020

Source: www.parksquarebarristers.co.uk

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

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Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

“My friend’s name is Sidley” – Domain hijack bid fails – Legal Futures

Posted April 30th, 2020 in dispute resolution, domain names, law firms, news by sally

‘A man who claimed to have registered the domain name “sidleylawyers.co.uk” on behalf of a friend called Sidley who was about to qualify has been ordered to hand it over to US giant Sidley Austin.’

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Legal Futures, 30th April 2020

Source: www.legalfutures.co.uk

Judicial heavyweights call for ‘breathing space’ to save dispute resolution system – Law Society’s Gazette

Posted April 29th, 2020 in coronavirus, dispute resolution, judges, news by sally

‘International courts and arbitral tribunals need a “breathing space” if they are not to be overwhelmed by a wave of commercial cases due to the pandemic, a group of senior retired judges said today.’

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Law Society's Gazette, 27th April 2020

Source: www.lawgazette.co.uk

Top judges urge “breathing space” over contract breaches – Litigation Futures

Posted April 28th, 2020 in contracts, coronavirus, dispute resolution, news by sally

‘Two former presidents of the Supreme Court have suggested introducing a “breathing space” so that contractual breaches arising from the coronavirus crisis are conciliated to avoid the courts being overwhelmed with disputes.’

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Litigation Futures, 27th April 2020

Source: www.litigationfutures.com

IFLA Children Scheme: Binding Decisions With Minimal Delay – Pump Court Chambers

Posted April 24th, 2020 in arbitration, chambers articles, children, dispute resolution, families, news by sally

‘Following the successful launch and running of the financial remedy and property arbitration scheme set up by Institute of Family Law Arbitrators (IFLA)[1] in February 2012, in July 2016 IFLA commenced the Children Scheme. Its aim is to provide parties with an alternative to Court, and is particularly useful when a dispute has reached the point that mediation is likely to be ineffective and where a neutral third party needs to make a decision as to what is in the child’s best interests in a particular circumstance.’

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Pump Court Chambers, 21st April 2020

Source: www.pumpcourtchambers.com

Keep calm and carry on(line) with mediation – Park Square Barristers

‘Whilst the civil courts adapt at short notice to working, by and large, remotely, invariably some hearings will continue for the foreseeable future to be adjourned to dates as yet unknown. In the circumstances, it might seem inevitable, or at least tempting (especially when many parties and their solicitors are faced with the difficulties associated with unexpectedly having to work from home at the same time as home schooling children), simply to wait on the court.’

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Park Square Barristers, 22nd April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part Two) – 39 Essex Chambers

‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:

1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’

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39 Essex Chambers, 23rd April 2020

Source: www.39essex.com

Coronavirus & Arbitration: Institutional Responses, Challenges and Practical Tips (Part One) – 39 Essex Chambers

‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’

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39 Essex Chambers, 20th April 2020

Source: www.39essex.com

When is it unfair to conduct a hearing remotely? A look at Re P (A Child: Remote Hearing) [2020] EWFC 32 – St Philips Chambers

‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com

Have you unjustly refused to mediate – 33 Bedford Row

Posted April 22nd, 2020 in chambers articles, dispute resolution, news by sally

‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’

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33 Bedford Row, April 2020

Source: www.33bedfordrow.co.uk

ADR – Compromise in COVID-19 Lockdown – Pump Court Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, dispute resolution, news by sally

‘With the courts shutting their doors to the majority of litigants following the outbreak of Coronavirus, now more than ever parties and their lawyers are turning their minds to alternative dispute resolution (ADR). From virtual mediations to remote ENEs and arbitrations, there are plenty of forms of ADR which can be conducted effectively during this crisis. ADR remains a powerful tool for concluding cases swiftly and at comparatively minimal cost which in this time of economic uncertainty is crucial. In this blog we would look at the different forms of ADR and how to they might continue to operate practically during the lockdown and social distancing measures associated with the pandemic.’

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Pump Court Chambers, 14th April 2020

Source: www.pumpcourtchambers.com

Covid-19 – Delayed appeals: arbitrate or mediate? – 33 Bedford Row

‘Many small to medium sized businesses will, thankfully, rarely be involved in litigation. As a result, they will have little experience of what is to follow once they commence a dispute resolution process regardless of the nature of that process. In many cases, disputes will be addressed via litigation[1]. In many instances the perceived wrong done by the other side will drive the dispute forward. It is only perhaps when some of the initial expectation of a quick positive trial outcome fades, whilst the pre-trial process winds on, that parties will wonder ‘should this have gone on for so long’ and/or ‘was there a quicker way to do this?’ Nevertheless, once litigation is commenced it takes on an energy of its own and many parties are able to see the case through to an initial judgment. Matters may thereafter get more complex as (further) fatigue potentially sets in.’

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33 Bedford Row, 10th April 2020

Source: www.33bedfordrow.co.uk