‘New research shows the important role that English law, courts and arbitration bodies play in dispute resolution in a competitive global market, experts have said.’
OUT-LAW.com, 13th September 2024
Source: www.pinsentmasons.com
‘One of the changes to the FPR 2010 made when the material parts of the Family Procedure (Amendment No 2) Rules 2023 came into force on 29 April 2024 was an amendment to r 28.3(7) which by the insertion of a new (aa)(ii) makes “any failure by a party, without good reason, to attend non-court dispute resolution” a basis to depart from the general starting point that there should be no order as to costs. This is repeated in para 10E of PD 3A which states “the court may take the parties conduct in relation to attending non-court dispute resolution into account when considering whether to make an order for costs in relation to the proceedings”.’
Financial Remedies Journal, 16th August 2024
Source: financialremediesjournal.com
‘Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light on the approach of the Court to claims which are not actively defended.’
Gatehouse Chambers, 26th July 2024
Source: gatehouselaw.co.uk
‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’
Becket Chambers, 23rd July 2024
Source: becket-chambers.co.uk
‘In this article, 4 New Square Chambers’ Douglas James considers the Supreme Court’s decision in Abbey Healthcare (Mill Hill) Ltd (Respondent) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) (Appellant) [2024] UKSC 23 and its implications for adjudication business.’
4 New Square, 15th July 2024
Source: www.4newsquare.com
‘Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.’
OUT-LAW.com, 4th July 2024
Source: www.pinsentmasons.com
‘The High Court has concluded that Buckinghamshire Council is entitled to a “substantial” sum in the latest ruling in a long-running dispute over a waste management project agreement, although the exact amount will need to be resolved.’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
‘In the case of Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC), the Court decided that a party can pursue both a smash & grab adjudication and, in the alternative, a true valuation in the same adjudication. The adjudicator will have jurisdiction to consider both arguments if they relate to one dispute i.e. the payment sum.’
Local Government Lawyer, 21st June 2024
Source: www.localgovernmentlawyer.co.uk
‘In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428, the Court of Appeal considered the costs consequences for parties who remain silent in the face of an offer to mediate. What the High Court described as a “half-hearted attempt” the Court of Appeal has rebranded a “clear offer to mediate”. On costs, the Judge erred in failing to consider: (i) that the defendants’ silence constituted unreasonable conduct, and (ii) breaches of a previous order requiring any party not engaging in ADR offered by the other side to serve a witness statement setting out reasons for the refusal.’
Gatehouse Chambers, 30th May 2024
Source: gatehouselaw.co.uk
‘Sapna Jain has written a case summary for the recent case of NA v LA [2024] EWFC 113 for Family Law Week.’
1 GC: Family Law, 4th June 2024
Source: www.familylawweek.co.uk
‘Successful county court defendants who had flatly rejected offers to mediate have been denied some of their costs as a penalty.’
Law Society's Gazette, 4th June 2024
Source: www.lawgazette.co.uk
‘How you approach resolving a dispute with your ex-partner, whether regarding finances or your children, is an important first step in your case and can set the tone moving forward.’
Kingsley Napley Family Law Blog, 29th May 2024
Source: www.kingsleynapley.co.uk
‘A High Court judge has used new powers to “encourage” the use of alternative dispute resolution (ADR) in family proceedings in the absence of agreement between the parties.’
Legal Futures, 31st May 2024
Source: www.legalfutures.co.uk
‘Rules allowing the court to encourage parties into alternative dispute resolution have been historically underused, a judge has said while directing a divorcing couple to use non-court resolution under new procedure rules.’
Law Society's Gazette, 29th May 2024
Source: www.lawgazette.co.uk
‘Late last year, a Court of Appeal decision on alternative dispute resolution highlighted the significant role that mediation can play in successfully resolving disputes, write Sophie McCabe, Rachel Murray-Smith and Helen Arthur.’
Local Government Lawyer, 28th May 2024
Source: www.localgovernmentlawyer.co.uk
‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’
Park Square Barristers, 3rd April 2024
Source: www.parksquarebarristers.co.uk
‘Clients should be well-prepared and understand what mediation is. If you only intend to repeat previous offers (or make the same offer), mediation will fail. Compromise and, therefore, making and considering offers, is essential. Clients should be fully prepared on what kind of compromises may or may not work. Clients should be briefed on what mediation is and how it works. This may be obvious to lawyers but its not always done or often expected to be done on the day… which is too late.’
St Philips Barristers, 23rd April 2024
Source: st-philips.com
‘Caroline Bowden, a member of the Private Family Law Early Resolution Working Group which first examined what changes were needed, looks at the effect of the revised rules on everyone working in family law, both in and out of court.’
Family Law, 10th May 2024
Source: www.familylaw.co.uk
‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’
Law Society's Gazette, 29th April 2024
Source: www.lawgazette.co.uk
‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’
Gatehouse Chambers, 17th April 2024
Source: gatehouselaw.co.uk
© Inner Temple Library 2024