“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

Can a party withdraw from adjudication part way through and what are the implications? – Practical Law: Construction Blog

Posted October 17th, 2017 in construction industry, costs, dispute resolution, news, wasted costs orders by tracey

‘Jacobs UK Ltd v Skanska Construction UK Ltd was a dispute all about the adequacy of Jacobs’ design services, which related to street lighting in Lewisham and Croydon. It highlights some interesting issues related to whether a party is entitled to withdraw from an adjudication and then start again.’

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Practical Law: Construction Blog , 17th October 2017

Source: constructionblog.practicallaw.com

“Ingenious arguments” fail to topple “smash and grab” award – Practical Law: Construction Blog

Posted October 6th, 2017 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It’s been a while since I’ve blogged about a payment notice case, and so the case of Jonjohnson Construction Ltd v Eagle Building Services Ltd caught my eye.’

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Practical Law: Construction Blog, 3rd October 2017

Source: constructionblog.practicallaw.com

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

Ep. 10: How A.I. is set to change the legal profession – Law Pod UK

Posted September 4th, 2017 in computer programs, disclosure, dispute resolution, legal profession, news by sally

‘Tom Beamont talks to Rosalind English about the role artificial intelligence is likely to play in the way lawyers and judges operate in the U.K., including discussion about the use of e-Disclosure, online dispute resolution, and whether advice and decisions can reliably be generated by algorithms.’

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Law Pod UK, 1st September 2017

Source: audioboom.com

The UK and the CJEU after Brexit – Law & Religion UK

Posted August 24th, 2017 in courts, dispute resolution, EC law, jurisdiction, news, treaties by sally

‘Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union.’

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Law & Religion UK, 23rd August 2017

Source: www.lawandreligionuk.com

UK will keep ‘half an eye’ on ECJ rulings after Brexit, says justice minister – The Guardian

Posted August 23rd, 2017 in dispute resolution, EC law, judgments, jurisdiction, news by sally

‘Justice minister Dominic Raab has conceded the UK would keep “half an eye” on rulings by the European Union’s highest court after Brexit as the government appeared to soften its stance on how heavily the bloc would influence UK law.’

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The Guardian, 23rd August 2017

Source: www.theguardian.com

Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute – Litigation Futures

Posted August 16th, 2017 in appeals, costs, dispute resolution, indemnities, judges, news, part 36 offers, utilities by sally

‘The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”.’

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Litigation Futures, 15th August 2017

Source: www.litigationfutures.com

LegalUK: The strength of English law and the UK jurisdiction – Courts and Tribunals Judiciary

Posted August 11th, 2017 in choice of forum, dispute resolution, enforcement, jurisdiction, news by tracey

‘The Lord Chief Justice and the Chancellor of the High Court have recently spoken about the need to counter misperceptions surrounding the certainty of litigating, arbitrating or otherwise resolving disputes in the UK. This booklet emphasises the unique strengths of English law and the high quality of dispute resolution services in the United Kingdom.’

Full booklet

Courts and Tribunals Judiciary, 4th August 2017

Source: www.judiciary.gov.uk

Litigators evenly split on impact of Brexit – Litigation Futures

‘Litigation lawyers in London are fairly evenly split on whether Brexit will lead to a “significant flight of work” to other jurisdictions, a survey has found.’

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Litigation Futures, 31st July 2017

Source: www.litigationfutures.com

Judge who heard Charlie Gard case urges greater use of mediation – Local Government Lawyer

‘Mediation should be tried in all cases such as the recent dispute between Great Ormond Street Hospital and the parents of Charlie Gard, the High Court judge who heard the case has said.’

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Local Government Lawyer,25th July 2017

Source: www.localgovernmentlawyer.co.uk

Spending on Online Court “should be halted”, says leading academic – Legal Futures

Posted July 10th, 2017 in courts, dispute resolution, internet, news by sally

‘No further public money should be spent on the Online Court until the performance of the newly-expanded online tribunal in British Columbia – which went live for small claims last month – has been assessed, according to veteran justice campaigner Professor Roger Smith.’

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Legal Futures, 7th July 2017

Source: www.legalfutures.co.uk

Nicholas Goodfellow on Challenging the Enforcement of Foreign Arbitral Awards – Littleton Chambers

‘The Commercial Court has recently considered the principles relating to the refusal to enforce a foreign arbitral award on grounds of fraud: Stati and others v The Republic of Kazakhstan [2017] EWHC 1348 (Comm), a decision of Knowles J, writes Nicholas Goodfellow.’

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Littleton Chambers, 19th June 2017

Source: www.littletonchambers.com

Dispute Resolution Post-Exit – Henderson Chambers

‘Both sides to the negotiations have already taken positions on the mechanisms for dispute settlement under the arrangements for the UK’s withdrawal from, and its future relationship with, the EU. As with other aspects of the negotiations, we have to hope that more flexibility will be shown on this issue, once the hard bargaining begins, than has seemed evident in the preparatory stage.’

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Henderson Chambers, 24th June 2017

Source: www.hendersonchambers.co.uk

“Quick and dirty” online justice better than no justice, says Neuberger as he laments legal aid policy failure – Legal Futures

‘“Quick and dirty” online dispute resolution (ODR) is better than “no justice or absurdly over-priced justice”, the president of the Supreme Court has said in a wide-ranging speech that included a devastating critique of legal aid policy over the past two decades.’

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Legal Futures, 5th July 2017

Source: www.legalfutures.co.uk

Mediation decline may be due to legal aid cuts, government admits – Law Society’s Gazette

Posted June 30th, 2017 in dispute resolution, families, legal aid, news by tracey

‘An increasing lack of opportunities for contact between clients and law firms brought on by controversial legal aid cuts may have driven the steep decline in the number of family mediation cases, the government has admitted.’

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Law Society's Gazette, 30th June 2017

Source: www.lawgazette.co.uk

FHDRAs: what should and shouldn’t happen – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

The Unassailable Business Case by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, employment, news by sally

‘I am going to stick my neck out and suggest that workplace mediation offers perhaps the largest untapped opportunity for cost-cutting and improving profitability in business in the UK today. The many benefits of a mediation culture, including lower levels of conflict, improved morale, improved staff retention and even improved relations with suppliers and customers are really important and are a big part of that business case, but are outside the scope of this article. I am going to focus here just on the cost savings in terms of management and HR time.’

Full story

Littleton Chambers, 28th April 2017

Source: www.littletonchambers.co.uk

Spoilt for Choice? How to Pick the Right Mediator for the Job by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, news by sally

‘Your choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success.’

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Littleton Chambers, 2nd May 2017

Source: www.littletonchambers.com

Don’t threaten me! Reform of the UK “threats” rules – Technology Law Update

Posted May 8th, 2017 in dispute resolution, intellectual property, intimidation, news by sally

‘Your technology, branding and confidential information are key assets. If you find that a competitor is taking advantage of them illegally you may be tempted to let them know straight away. You may also want to inform the supply chain in public statements about infringing imports, or products that take advantage of your proprietary technology. While this seems like the obvious first step to take, it is dangerous. If you are not careful you can find yourself at the wrong end of a “threats” action.’

Full story

Technology Law Update, 4th May 2017

Source: www.technology-law-blog.co.uk