Impact of Brexit on UK courts “exaggerated”, judges say – Litigation Futures

Posted May 10th, 2019 in brexit, courts, dispute resolution, judges, jurisdiction, news by sally

‘The likely legal impact of Brexit on English law and the UK’s role in international dispute resolution, has been exaggerated, a Court of Appeal judge said yesterday.’

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Litigation Futures, 8th May 2019

Source: www.litigationfutures.com

(Un)signed, sealed, delivered: Anchor 2020 v Midas Construction – Practical Law: Construction Blog

Posted May 9th, 2019 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding ongoing contractual negotiations.’

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Practical Law: Construction Blog, 8th May 2019

Source: constructionblog.practicallaw.com

Parliament, not judges, should be helping separated parents – McFarlane – Law Society’s Gazette

Posted April 10th, 2019 in dispute resolution, divorce, families, judiciary, news, parliament, pilot schemes by sally

‘Resolving straightforward relationship difficulties between separated parents should not be a matter for judges, the president of the family division has said.’

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Law Society's Gazette, 10th April 2019

Source: www.lawgazette.co.uk

Court reforms “must measure impact on vulnerable litigants” – Legal Futures

Posted March 12th, 2019 in civil justice, courts, dispute resolution, litigants in person, news by sally

‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’

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Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Domestic violence before shari’a councils – Family Law

Posted February 28th, 2019 in dispute resolution, domestic violence, islamic law, news by tracey

‘Dr Naheed Wali Ghauri, an Associate Research Fellow at the School of Law, Birkbeck College, University of London and non-stipendiary Research Fellow at the Woolf Institute, Cambridge, discusses domestic violence before Shari’a councils and mediation under English and Islamic Forum.’

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Family Law, 28th February 2019

Source: www.familylaw.co.uk

Analysis: Child Arrangement Order – Family Law

‘According to Azhar Hussain, solicitor-Advocate and head of family at Optimal Solicitors, a child arrangement order may be necessary to resolve disagreements regarding where and with who children will live, or how much time they will spend with a parent or other person with whom they do not live.’

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Family Law, 27th February 2019

Source: www.familylaw.co.uk

Gross defends arbitration against claim it damages common law – Litigation Futures

Posted January 23rd, 2019 in arbitration, civil justice, dispute resolution, judges, news by sally

‘A Court of Appeal judge has rejected the argument – pressed by a former Lord Chief Justice – that the growth of arbitration to resolve commercial disputes has retarded the development of the common law.’

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Litigation Futures, 22nd January 2019

Source: www.litigationfutures.com

Financial Remedy & Divorce Update, January 2019 – Family Law Week

‘Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.’

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Family Law Week, 11th January 2018

Source: www.familylawweek.co.uk

Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

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Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

A Comparative Perspective to Hybrid Dispute Resolution Fora: Jurisdiction, Applicable Law and Enforcement of Judgments – 4 New Square

Posted December 12th, 2018 in courts, dispute resolution, enforcement, international courts, jurisdiction, news by sally

‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’

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4 New Square, 19th November 2018

Source: www.4newsquare.com

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

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4 New Square, 22nd November 2018

Source: www.4newsquare.com

CJC bids to strengthen appeal of ADR short of compulsion – Litigation Futures

Posted December 6th, 2018 in Civil Justice Council, dispute resolution, news, notification by sally

‘The Civil Justice Council (CJC) has called for a ‘notice to mediate’ system used in Canada to be considered as the first step towards a more “automatic” system of alternative dispute resolution (ADR).’

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Litigation Futures, 5th December 2018

Source: www.litigationfutures.com

New report on Alternative Dispute Resolution – Courts and Tribunals Judiciary

Posted December 4th, 2018 in civil justice, Civil Justice Council, dispute resolution, reports by tracey

‘A working group of the Civil Justice Council (CJC) has published a report making recommendations for Alternative Dispute Resolution – ways of resolving certain disputes that don’t involve going to court.’

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Courts and Tribunals Judiciary, 4th December 2018

Source: www.judiciary.gov

Lawyers join forces to hold first London disputes week – Litigation Futures

Posted December 3rd, 2018 in brexit, courts, dispute resolution, international law, jurisdiction, London, news by tracey

‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’

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Litigation Futures, 3rd December 2018

Source: www.litigationfutures.com

Speech by Lord Chancellor of the High Court: The City UK Launch – Courts and Tribunals Judiciary

‘Speech by Lord Chancellor of the High Court: The City UK Launch.’

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Courts and Tribunals Judiciary, 30th November 2018

Source: www.judiciary.uk

“All you need is fraud?”: stays of execution and adjudication enforcement – Practical Law: Construction Blog

Posted November 28th, 2018 in dispute resolution, enforcement, fraud, news, stay of execution by tracey

‘Earlier this year, Fraser J gave a significant judgment in which he: confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision; developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. This post focuses on, and analyses in further detail, Fraser J’s so-called “principle (g)”.’

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Practical Law: Construction Blog, 28th November 2018

Source: constructionblog.practicallaw.com

Electronic Communication Code: Tribunal clarifies its jurisdiction – OUT-LAW.com

‘Claims for compensation made under the old Electronic Communications Code (ECC) in the UK cannot be brought before a tribunal tasked with resolving disputes under the new ECC, the tribunal has confirmed.’

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OUT-LAW.com, 6th November 2018

Source: www.out-law.com

Litigation trends: The Brexit zeitgeist – New Law Journal

‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’

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New Law Journal, 1st November 2018

Source: www.newlawjournal.co.uk

Ryanair tops airline compensation appeal claims for year – BBC News

Posted November 2nd, 2018 in airlines, appeals, compensation, delay, dispute resolution, news, statistics by sally

‘More Ryanair passengers have taken compensation claims for cancellations or delays to arbitration this year than any other airline, figures show.’

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BBC News, 2nd November 2018

Source: www.bbc.co.uk

Removing blame from divorce will make it easier for separating couples to achieve a settlement – Family Law

Posted October 31st, 2018 in dispute resolution, divorce, news by sally

‘There is a sense of irony, perhaps even comedy, in a situation that sees government Ministers looking to make the process of divorce simpler – at the very time they’re struggling to come to terms with Brexit: the most complex divorce that UK policy makers have ever faced.’

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Family Law, 31st October 2018

Source: www.familylaw.co.uk