The pitfalls of bespoke ADR clauses – Practical Law: Construction Blog

Posted August 8th, 2018 in construction industry, dispute resolution, news by tracey

‘For the first time in quite a while I am in the enviable position of having more than one adjudication enforcement case to choose to write about this week. In the end I plumped for Beach Homes v Hazell and Hazell as it raises some interesting points about bespoke dispute resolution clauses. It is a judgment of Mr Jonathan Acton Davis QC, one of the army of Deputy High Court judges currently sitting in the TCC.’

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Practical Law: Construction Blog, 7th August 2018

Source: constructionblog.practicallaw.com

The rise of private FDRs – Family Law

Posted July 31st, 2018 in arbitration, dispute resolution, families, financial provision, judges, news by sally

‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

Video hearings “will not supplant” face-to-face, says HMCTS – Legal Futures

Posted July 31st, 2018 in courts, dispute resolution, news, tribunals, video recordings by sally

‘Video hearings will not supplant face-to-face hearings in the majority of cases before the courts, even after their use is expanded, the deputy director of HM Courts and Tribunals Service (HMCTS) has predicted.’

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Legal Futures, 31st July 2018

Source: www.legalfutures.co.uk

Ep. 40: How AI and algorithms impact on regulation and adjudication – Law Pod UK

Posted July 30th, 2018 in artificial intelligence, dispute resolution, news, podcasts by sally

‘Law and Political Science Professor Cary Coglianese from the University of Pennsylvania, and David Lehr, a research affiliate at the Penn Program on Regulation and a student at Yale Law School, join Rosalind English to speculate on how algorithms and artificial intelligence will impact on regulation and adjudication now and in the future.’

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Law Pod UK, 27th July 2018

Source: audioboom.com

Businesses quit UK courts in droves as Brexit looms – Law Society’s Gazette

Posted July 23rd, 2018 in choice of forum, dispute resolution, EC law, news by tracey

‘Businesses are already changing contracts so that disputes are heard in the European Union rather than the UK, according to a survey published today. Research from Thomson Reuters Legal found the UK’s decision to leave the EU is making business leaders questions whether London is still the best option as a global centre for dispute resolution.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence – UK Constitutional Law Association

‘The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their support to such a scenario. Projecting into the future, it is equally unclear how the Chequers agreement will impact UK politics and the government’s viability.’

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UK Constitutional Law Association, 12th July 2018

Source: ukconstitutionallaw.org

Appeals on a point of law in arbitration and adjudication – Practical Law: Construction Blog

Posted July 11th, 2018 in construction industry, dispute resolution, news by tracey

‘One of the recurring themes on this blog is looking at what happens in arbitration and drawing parallels with what happens in adjudication. It is something that really interests me as I act as both adjudicator and arbitrator. This week is no different and I am looking at the judgment in Fehn Schiffahrts GmbH & Co KG v Romani SPA, where the Commercial Court allowed an appeal on a point of law under section 69 of the Arbitration Act 1996 and remitted the award back to the three-person tribunal.’

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Practical Law: Construction Blog, 10th July 2018

Source: constructionblog.practicallaw.com

One court, one judiciary? – New Law Journal

Posted July 10th, 2018 in civil justice, courts, dispute resolution, judiciary, news, tribunals by sally

‘Steven Gasztowicz QC considers the radical question of whether there could ever be ‘one civil court’ & ‘one judiciary’.’

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New Law Journal, 6th July 2018

Source: www.newlawjournal.co.uk

Family Mediation: Piercing the cloak of confidentiality – Family Law Week

Posted June 27th, 2018 in confidentiality, dispute resolution, families, news by tracey

‘Deborah Eaton QC, 1 King’s Bench Walk, Hassan Khan, 4 Paper Buildings and Mark Irving, Harbottle & Lewis examine whether mediation agreements are always susceptible to privilege, following Mr Justice Williams’s judgment in BL v TC & OD [2017] EWHC 3363.’

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Family Law Week, 21st June 2018

Source: www.familylawweek.co.uk

Online courts: calls for more research into how to support access – OUT-LAW.com

Posted June 13th, 2018 in dispute resolution, electronic filing, news, small claims by sally

‘It should not be assumed that making ‘assisted digital support’ (ADS) services available will ensure everyone can engage with an online court system, according to a new report.’

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OUT-LAW.com, 12th June 2018

Source: www.out-law.com

Lord Chief Justice hails potential of big data and AI to reduce litigation and promote settlement – Legal Futures

Posted June 11th, 2018 in artificial intelligence, dispute resolution, news by sally

‘The Lord Chief Justice has called the ability of computers to use big data to predict outcomes “one of the most exciting developments of the age” and forecast the technology would be used to prevent litigation and promote settlements.’

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Legal Futures, 11th June 2018

Source: www.legalfutures.co.uk

20 years of statutory adjudication – Practical Law: Construction Blog

Posted May 16th, 2018 in construction industry, dispute resolution, enforcement, news by tracey

‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’

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Practical Law: Construction Blog, 15th May 2018

Source: constructionblog.practicallaw.com

Top judge predicts revolution in use of legal services and training of lawyers – Legal Futures

‘Technology will revolutionise the way we educate, train, and utilise legal expertise, a senior judge has predicted.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future of Law – Courts and Tribunals Judiciary

‘In this lecture, the Chancellor will speak about his vision for the future of lawyers, courts and judges in the coming decades. He will mainly address the business lawyers’ environment, but will touch also on criminal, family and administrative matters. His thesis is that Fintech, Legaltech and Regtech will revolutionise the way we educate, train, and utilise legal expertise, and that whilst some of the changes may be slower than people expect, many will be much faster.’

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Courts and Tribunals Judiciary, 9th May 2018

Source: www.judiciary.gov.uk

Warring families assigned mediators to stop them fighting over power of attorney – Daily Telegraph

Posted May 4th, 2018 in dispute resolution, families, news, powers of attorney by tracey

‘Warring families are to be assigned mediators to stop to stop them fighting over power of attorney for loved ones. A pilot scheme being run by the Office of the Public Guardian will fund professional help for families embroiled in disputes over issues such as inheritances or control of finances.’

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Daily Telegraph, 3rd April 2018

Source: www.telegraph.co.uk

Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog

‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’

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Practical Law: Construction Blog, 24th April 2018

Source: constructionblog.practicallaw.com

City firms launch review into dispute resolution for companies wronged by banks after RBS scandal – Daily Telegraph

‘City firms have launched a review into dispute resolution for companies wronged by banks, in the wake of the scandal over RBS’s mistreatment of small businesses. UK Finance, the lobby group for 300 British finance companies, has commissioned an independent study to analyse how complaints and disputes can be resolved in a more time and cost effective manner.’

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Daily Telegraph, 29th April 2018

Source: www.telegraph.co.uk

Oral construction contracts and issues in adjudication enforcement – Practical Law: Construction Blog

Posted March 21st, 2018 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘Two recent judgments illustrate the difficulties that oral contracts can cause in adjudication enforcement proceedings. The first was Jefford J’s judgment in Hart v Ideal and the second (although actually the first in time) was Fraser J’s judgment in Dacy v IDM (which had also been before Jefford J a couple of years earlier).’

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Practical Law: Construction Blog, 20th march 2018

Source: constructionblog.practicallaw.com

Smash and grab adjudication ‘essentially over’ after TCC judgment – OUT-LAW.com

Posted March 2nd, 2018 in construction industry, contracts, delay, dispute resolution, enforcement, news by tracey

‘A well-reasoned judgment by Mr Justice Coulson could put an end to the trend of “smash and grab” adjudications, where the payee pursues the other party for the full amount where no valid payment or pay less notice is served.’

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OUT-LAW.com, 1st March 2018

Source: www.out-law.com

Why English courts are opening in the EU – BBC News

Posted February 28th, 2018 in choice of forum, courts, dispute resolution, foreign jurisdictions, news by sally

‘According to French reports, the new “international chamber” is an attempt to capitalise on Brexit and steal London’s crown as a global hub for lucrative commercial legal disputes.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk