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.’

Full Story

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.’

Full speech

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

Lord Briggs at the P.R.I.M.E. Finance conference, The Hague, The Netherlands – Supreme Court

Posted February 27th, 2018 in dispute resolution, judges, speeches by tracey

‘Lord Briggs at the P.R.I.M.E. Finance conference, The Hague, The Netherlands.’

Full speech

Supreme Court, 22nd February 2018

Source: www.supremecourt.uk

Bring it on… bring it all on! The risky strategy of leaving over arguments for another day in serial adjudications – Practical Law: Construction Blog

Posted December 20th, 2017 in construction industry, contracts, damages, dispute resolution, news, time limits by tracey

‘One of the fears relating to adjudication is that a referring party will attempt to achieve success by grinding the responding party down through serial adjudications until it achieves the result it wants or the responding party gives in. In Benfield Construction Ltd v Trudson (Hatton) Ltd, Coulson J issued a clear warning that such an approach would not be condoned, stating.’

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Practical Law: Construction Blog, 20th December 2017

Source: constructionblog.practicallaw.com

The process for Jewish and Muslim women seeking a divorce – Family Law

Posted December 12th, 2017 in dispute resolution, divorce, islamic law, Judaism, news by sally

‘The Islamic Sharia Council and the Jewish Beth Din provide private, faith-related dispute resolution in a non-legal setting.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

Improving UK Competitiveness, Strengthening the Rule of Law – Ministry of Justice

‘Dominic Raab addressed guests at the Policy Exchange in London for the launch of the Linklaters report ‘The Rule of Law: everyone has a part to play’.’

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Ministry of Justice, 7th December 2017

Source: www.gov.uk

Myths of Brexit – Speech by Lord Justice Hamblen

Myths of Brexit (PDF)

Speech by Lord Justice Hamblen

Conference organised by the Hong Kong Department of Justice entitled: “Impact of Brexit on the Development of Common Law, Dispute Resolution and Judicial Co-operation in civil and commercial matters”, 2nd December 2017

Source: www.judiciary.gov.uk

Pets and divorce – who keeps the family pet? – Family Law

Posted December 4th, 2017 in animals, custody, dispute resolution, divorce, news by sally

‘For many couples pets are an integral part of family life. But when relationships break down, it is not uncommon for arguments to arise about who gets to keep the family pet. So how do these disputes get resolved and what are the rules?’

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Family Law, 1st December 2017

Source: www.familylaw.co.uk

MPs urge “complacent” government to consider mandatory mediation to cut clinical negligence costs – Litigation Futures

Posted December 1st, 2017 in dispute resolution, negligence, news, personal injuries by tracey

‘The government has been “slow and complacent” in its response to the rising costs of clinical negligence and should consider mandatory mediation for certain types of claim, MPs on the public accounts committee (PAC) said today.’

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Litigation Futures, 1st December 2017

Source: www.litigationfutures.com

When divorce bites back: reputational damage and the professional adviser – Family Law

Posted November 28th, 2017 in dispute resolution, divorce, financial provision, news by sally

‘Professional advisers need to tread very carefully when a client wants to pursue an aggressive strategy to frustrate a spouse’s financial claims during divorce proceedings. Aggressive asset protection might well achieve a client’s financial objectives – at least in the short term. But the consequential reputational damage caused to the client, his or her advisers and their firms can be severe – and lasting.’

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Family Law, 28th November 2017

Source: www.familylaw.co.uk

How testing the evidence differs in adjudication and court – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, dispute resolution, evidence, negligence, news by tracey

‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’

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Practical Law: Construction Blog, 14th November 2017

Source: constructionblog.practicallaw.com