Category: dispute resolution

Does the Limitation Act 1980 apply to adjudication? – Practical Law: Construction Blog

Posted March 31st, 2021 in construction industry, dispute resolution, limitations, news by tracey

‘Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, but does this change the analysis?’

Full Story

Practical Law: Construction Blog, 30th March 2021

Source: constructionblog.practicallaw.com

£1 million voucher scheme to help families resolve disputes outside of court – Ministry of Justice

Posted March 29th, 2021 in budgets, dispute resolution, families, family courts, Ministry of Justice, news by tracey

‘Separating parents will be helped to avoid stressful court battles through a new million-pound mediation scheme launched by the government today.’

Full Story

Ministry of Justice, 26th March 2021

Source: www.gov.uk

Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University – Courts and Tribunals Judiciary

Posted March 29th, 2021 in dispute resolution, judges, speeches by tracey

‘Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University. The Relationship between Formal and Informal Justice ‘

Full speech

Courts and Tribunals Judiciary, 26th March 2021

Source: www.judiciary.uk

 

Ep 138: Mediation with Marina Wheeler QC – Law Pod UK

Posted March 18th, 2021 in barristers, dispute resolution, news, podcasts by sally

‘In Episode 138 Emma-Louise Fenelon speaks to Marina Wheeler QC about the burgeoning field of mediation, and outlines a number of useful tips for practitioners drawing from her own experience as a mediator.’

Full Story

Law Pod UK, 17th March 2021

Source: audioboom.com

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

Posted February 25th, 2021 in chambers articles, construction industry, contracts, dispute resolution, enforcement, foreign jurisdictions, jurisdiction, news by sally

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

Full Story

39 Essex Chambers, 24th February 2021

Source: www.39essex.com

Documents on CEO’s personal phone should be disclosed, court rules – OUT-LAW.com

Posted February 8th, 2021 in company directors, disclosure, dispute resolution, documents, news, pilot schemes, telecommunications by tracey

‘The terms of a contractual agreement between a CEO and his company mean material held on a personal mobile phone should be disclosed in litigation the company is involved in, the High Court of England has ruled.’

Full Story

OUT-LAW.com, 8th February 2021

Source: www.pinsentmasons.com

School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

Posted January 22nd, 2021 in chambers articles, dispute resolution, education, equality, Islam, news, religious discrimination, school children by sally

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

Full Story

Monckton Chambers, 13th January 2021

Source: www.monckton.com

Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

Posted January 8th, 2021 in chambers articles, community protection notices, dispute resolution, harassment, housing, injunctions, news, nuisance, pre-action conduct by sally

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

Full Story

Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Developments following Ground Developments… or not – Practical Law: Construction Blog

Posted December 15th, 2020 in construction industry, dispute resolution, enforcement, jurisdiction, news, summary judgments by tracey

‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’

Full Story

Practical Law: Construction Blog, 15th December 2020

Source: constructionblog.practicallaw.com

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

Posted December 11th, 2020 in appeals, construction industry, contracts, disclosure, dispute resolution, enforcement, fraud, news by tracey

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

Full Story

Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

Fixed Fee and Virtual Mediations – Becket Chambers

Posted December 1st, 2020 in dispute resolution, fees, news, remote hearings by sally

‘The present pandemic has resulted in a significant increase in the time it takes matters, especially civil claims, to get to court for a final hearing and those delays are only going to get longer so there has never been a better time to consider mediation as a quick, cheap and effective alternative to litigation and the Civil Mediation Council’s Fixed Fee Mediation scheme allows parties to benefit from a very economic tariff for relatively low-value claims (i.e. up to £50,000) using CMC-accredited civil mediators.’

Full Story

Becket Chambers, 13th November 2020

Source: becket-chambers.co.uk

Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar – Courts and Tribunals Judiciary

Posted November 26th, 2020 in dispute resolution, electronic filing, judiciary, legal profession, remote hearings, speeches by tracey

‘Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar.’

Full speech

Courts and Tribunals Judiciary, 25th November 2020

Source: www.judiciary.uk

Who has jurisdiction and under what circumstances? – Falcon Chambers

Posted November 19th, 2020 in civil procedure rules, county courts, dispute resolution, jurisdiction, news, practice directions, tribunals by sally

‘This paper deals with one of life’s big questions: “why are we here?”, albeit the “here” refers to one or more of the County Court, the First Tier Tribunal and the Upper Tribunal (Lands Chamber), and sometimes two of them at the same time.’

Full Story

Falcon Chambers, 2nd November 2020

Source: www.falcon-chambers.com

What is the evidence that mediation works in child protection? – Transparency Project

Posted November 19th, 2020 in care orders, children, dispute resolution, families, family courts, news by sally

‘Both the Family Justice Review led by David Norgrove back in 2011 and the Care Crisis Review report in 2018 have asked whether child protection mediation in public law could offer anything useful over and above the usual methods of best engaging and involving families in or on the edge of care proceedings. Current methods include Public Law Outline (PLO) processes, Family Group Conferences (FGCs) and problem-solving courts like the Family Drug and Alcohol Court (FDAC). The Care Crisis review noted that mediation in public law was an under researched area.’

Full Story

Transparency Project, 18th November 2020

Source: www.transparencyproject.org.uk

Family lawyers “must be forced to follow good practice” – Legal Futures

Posted November 17th, 2020 in children, codes of practice, dispute resolution, families, family courts, legal profession, news by sally

‘Family lawyers should be forced to follow good practice to protect children from “acrimonious legal representation” and report it to their regulator, a major report has concluded.’

Full Story

Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Reducing Family Law Cases Backlog: Is Arbitration the Answer? – 33 Bedford Row

Posted November 10th, 2020 in arbitration, coronavirus, delay, dispute resolution, family courts, news by sally

‘Since the outbreak of Covid-19, the pandemic has led to delays in the court system, hearings being adjourned and a substantial backlog of all types of cases but especially family cases. Parties wanting speedy justice are resorting to out of court processes such as mediation and arbitration as a means to resolve disputes efficiently to overcome this time-lag.’

Full Story

33 Bedford Row, 30th October 2020

Source: www.33bedfordrow.co.uk

Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer

Posted October 28th, 2020 in civil justice, dispute resolution, local government, news, pre-action conduct by sally

‘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.’

Full Story

Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

Posted October 6th, 2020 in construction industry, contracts, costs, dispute resolution, enforcement, insurance, news, set-off by tracey

‘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.’

Full Story

Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Time isn’t on your side and resolving old disputes is never easy – Practical Law: Construction Blog

Posted October 2nd, 2020 in company law, construction industry, delay, dispute resolution, insolvency, liquidators, news by tracey

‘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.’

Full Story

Practical Law: Construction Blog, 29th September 2020

Source: constructionblog.practicallaw.com

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blogger

Posted October 2nd, 2020 in administrators, company law, construction industry, dispute resolution, enforcement, insolvency, news by tracey

‘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.’

Full Story

Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com