‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’
Local Government Lawyer, 28th October 2020
Source: www.localgovernmentlawyer.co.uk
‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’
Practical Law: Construction Blog, 1st October 2020
‘Time flies when you are having fun, or so the saying goes. I think it flies whether you are having fun or not, although I’m sure we’ve all experienced those moments when it isn’t flying at all and it feels like it has stood still. As Pink Floyd famously sang, “Ticking away the moments that make up a dull day”. You may wonder why I am talking about time. Well, it’s because of the events leading up to Fraser J’s judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. They are all to do with time.’
Practical Law: Construction Blog, 29th September 2020
‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’
Practical Law: Construction Blog, 1st October 2020
‘A High Court judge has dismissed a bid by a landlord to have set aside an arbitrator’s award that favoured a council as tenant of a city centre property.’
Local Government Lawyer, 4th August 2020
Source: www.localgovernmentlawyer.co.uk
‘Much has been written on the Supreme Court case of Bresco v Lonsdale and it has most recently been relied on by a party in the adjudication enforcement case of WRW Construction Ltd v Datblygau Davies Developments Ltd. However, as will be discussed in this blog, it was of limited assistance.’
Practical Law Construction Blog, 28th July 2020
‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’
Litigation Futures, 21st July 2020
Source: www.litigationfutures.com
‘The colossal impact of Covid 19 and the steps taken to address it are leading to a ‘plethora of defaults’ warns Mario Draghi. This emerging increase in disputes arises from circumstances like contractual failures in supply chains, disputed insurance claims, insolvency issues from business failures, employment losses and property disputes e.g. between landlords and tenants.’
Doughty Street Chambers, 1st July 2020
Source: insights.doughtystreet.co.uk
‘The Chancellor of the High Court has said “the one thing” he really wants to come out of the coronavirus crisis is “blue sky thinking” about how to improve commercial dispute resolution.’
Litigation Futures, 7th July 2020
Source: www.litigationfutures.com
‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’
Dispute Resolution Blog, 30th June 2020
Source: www.lexisnexis.co.uk
‘Adjudication is a quick and comparatively cheap method of dispute resolution and for those reasons is attractive to insolvent companies seeking to recover debts. However, a respondent was likely to be able to restrain the insolvent company from referring the matter to adjudication on the basis that it would be futile to do so, since any positive decision was unlikely to be enforced as a result of the very fact of the company’s insolvency. Therefore, any award lacked practical utility. Following the decision of the Supreme Court in Bresco v Lonsdale, that is no longer the case.’
Hardwicke Chambers, 17th June 2020
Source: hardwicke.co.uk
‘The Supreme Court has given judgment in what is being hailed as a landmark case in the construction and insolvency spheres. The decision has not only eliminated any doubt that there is jurisdiction for an insolvent company to adjudicate against a respondent with a potential cross-claim, but it has also endorsed the use of adjudication as a helpful tool for liquidators.’
3 Hare Court, 22nd June 2020
Source: www.3harecourt.com
‘Lord Justice Coulson’s judgment included the proposition that an insolvent Company could only adjudicate a dispute with a creditor in circumstances of mutual debts in “exceptional circumstances”. Subsequent caselaw has explored the extent of these “exceptional circumstances”.’
3PB, 18th June 2020
Source: www.3pb.co.uk
‘A legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic has been dismissed. The arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, rejected the challenge brought by South Shields FC, a club sitting in an automatic promotion position at the point of cessation of the season.’
Blackstone Chambers, 11th June 2020
Source: www.blackstonechambers.com
‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:
a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and
b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.
3PB, 8th June 2020
Source: www.3pb.co.uk
‘High Court activity has already recovered to pre-Covid-19 levels following a sharp slump during the height of the outbreak, new research has found.’
Litigation Futures, 15th June 2020
Source: www.litigationfutures.com
‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’
4-5 Gray's Inn Square, 8th June 2020
Source: www.4-5.co.uk
‘Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently in order to reduce the backlog. Coronavirus lockdown has brought this to a head, as cases are adjourned and the huge backlog is set to rise. Waiting several months, if not years, to have a case of modest value heard is contrary to the interests of justice. Memories fade, individuals cannot enforce their rights until the issue is litigated, the deserving go uncompensated, and the pressure to under-settle increases.’
No. 5 Chambers, 1st June 2020
Source: www.no5.com
‘NHS Resolution has added one provider to its mediation panel following what it said was a “highly competitive retender” process that saw the existing three reappointed.’
Litigation Futures, 9th June 2020
Source: www.litigationfutures.com
‘More than a third of public bodies expect to have formal disputes as PFI contracts come to an end, the National Audit Office has found.’
Local Government Lawyer, 5th June 2020
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2020