What does political instability and market volatility mean for separating couples? – Family Law
‘What does political instability and market volatility mean for separating couples?’
Family Law, 20th January 2023
Source: www.familylaw.co.uk
Category: dispute resolution
A mediator’s take on the Nuffield Family Justice Observatory’s latest report – Family Law
‘Another month, and the publishing of another detailed academic report considering the experiences of parents and their children who have been through a separation. This particular report, “Separating Families: Experiences of separation and support”, was published by the Nuffield Family Justice Observatory, with research carried out by University of Bristol. When the key findings first landed on my desk, I must say I was keen to delve into the detail having seen that the main focus of the programme of evidence was to increase understanding of private law proceedings in England and Wales, and in particular the types of support that families drew on to manage the process of separation without using the courts.’
Family Law, 16th January 2023
Source: www.familylaw.co.uk
Making Mediation Mandatory – Doughty Street Chambers
‘The debate around whether mediation can or should be made mandatory has been around for some time. In July this year, the government announced their intention to implement mandatory mediation in all contested claims under £10,000 in the county courts; one driver being only 21% of small claims opt into the present Small Claims Mediation Scheme (SCMS).’
Doughty Street Chambers, 22nd December 2022
Source: insights.doughtystreet.co.uk
Disputes with executors and how to resolve them – Family Law
‘As a solicitor dealing with will disputes, I know that beneficiaries can sometimes feel deeply frustrated by the behaviour of an executor (also called a “personal representative”) of a will. The emotional fallout from a bereavement sometimes leads to a toxic atmosphere and relationships can quickly sour. Very often this situation arises where executors and/or beneficiaries are not entirely sure of their rights and responsibilities.’
Family Law, 12th December 2022
Source: www.familylaw.co.uk
Children classed as domestic abuse victims under new guidance – Crown Prosecution Service
‘Children affected by domestic abuse will be automatically treated as victims regardless of whether they were present during violent incidents, the CPS announced today.’
Crown Prosecution Service, 5th December 2022
Source: www.cps.gov.uk
‘Smash ‘n’ grab’ claims the most common for UK adjudicators – OUT-LAW.com
‘”Smash ‘n’ grab” claims are the most common currently being dealt with by adjudicators in the UK. They are usually straightforward to deal with but some recent cases provide valuable lessons for companies caught up in them.’
OUT-LAW.com, 2nd December 2022
Source: www.pinsentmasons.com
The suitability of adjudication for multiparty disputes – Practical Law: Construction Blog
‘Earlier this year I acted as adjudicator in four related adjudications that ran simultaneously, and I thought it would be worthwhile sharing my experience as I think there are some interesting points for parties and their representatives who might be considering using adjudication for multiparty disputes.’
Practical Law: Construction Blog , 23rd November 2022
Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com
‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’
OUT-LAW.com, 22nd November 2022
Source: www.pinsentmasons.com
When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog
‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’
Practical Law: Construction Blog, 11th November 2022
Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary
‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’
Courts & Tribunals Judiciary, 31st October 2022
Source: www.judiciary.uk
Separating couples should “try almost anything” before going to court – Legal Futures
‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’
Legal Futures, 2nd November 2022
Source: www.legalfutures.co.uk
TCC provides reminder of the meaning of paragraph 9(2) of the Scheme – Practical Law: Construction Blog
‘I appreciate that some of you might be reading this blog on your summer holidays, so you may well have far better things to be doing with your time (ordering another piña colada perhaps?). I will therefore keep the blog short – what might be termed a “blogette”. As one would expect over the summer break, there haven’t been many reported TCC cases recently and so the case I want to discuss today is from June, namely ML Hart Builders Ltd (in liquidation) v Swiss Cottage Properties Ltd, which is a judgment of Mr Roger Ter Haar QC sitting as a deputy High Court judge.’
Practical Law: Construction Blog, 17th August 2022
NEC and notices of dissatisfaction – Practical Law: Construction Blog
‘Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC). Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right.’
Practical Law: Construction Blog, 10th August 2022
English courts increasingly grappling with complex crypto disputes – OUT-LAW.com
‘The English courts have adapted quickly to increasingly complex disputes involving crypto assets, a legal expert has said, following a recent ruling in a dispute over the ownership of an account worth roughly £30 million.’
OUT-LAW.com, 5th August 2022
Source: www.pinsentmasons.com
Unreasonable refusal to engage with ADR – Law Society’s Gazette
‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’
Law Society's Gazette, 22nd July 2022
Source: www.lawgazette.co.uk
MoR proposes ‘major new project’ to boost blockchain – Law Society’s Gazette
‘Putting tax payments or property transactions on blockchain – or issuing a Bank of England-backed digital currency – would help entrench English law as the forum of choice for resolving crypto disputes, the master of the rolls has said in a constitutionally daring intervention into policy-making.’
Law Society's Gazette, 26th July 2022
Source: www.lawgazette.co.uk
MoJ proposes compulsory mediation for claims worth up to £10k – Legal Futures
‘Mediation will be made compulsory for all small claims worth up to £10,000, potentially settling 20,000 cases that would otherwise end up in court, the Ministry of Justice proposed today.’
Legal Futures, 26th July 2022
Source: www.legalfutures.co.uk
How far does an interim valuation adjudication bind determination of the final account? – Practical Law: Construction Blog
‘I was lucky enough to be asked to give a recent case law update lecture for the Adjudication Society. At the end one of the delegates asked a very sensible question, namely to what extent do matters decided by an adjudicator concerning an interim valuation bind later valuations. It’s an issue that I’ve been asked about before, and it’s also one of those that can promote polarising debate, with some extreme positions taken.’
Practical Law: Construction Blog, 5th July 2022
Government launches new mediation scheme to help thousands more families avoid costly legal battles – Family Law
‘An extra £5.4 million in funding will help even more families to resolve disputes away from court, such as contact arrangements for children.’
Family Law, 7th July 2022
Source: www.familylaw.co.uk
