Solicitors “ignorant about prof neg adjudication” – Litigation Futures

Posted August 22nd, 2019 in dispute resolution, negligence, news, solicitors by sally

‘There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.’

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Litigation Futures, 22nd August 2019

Source: www.litigationfutures.com

Homeowners beware – adjudication can catch you out – Practical Law: Construction Blog

‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd v Sylvein Pinto, which dates from earlier in the year but only recently became available. If you are unfamiliar with this judgment, it is certainly a case of “homeowners beware”.’

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Practical Law: Construction Blog, 14th August 2019

Source: constructionblog.practicallaw.com

Legal Ombudsman pilots use of formal mediation – Legal Futures

Posted August 16th, 2019 in dispute resolution, legal ombudsman, news, pilot schemes by tracey

‘The Legal Ombudsman (LeO) is running a “proof of concept” pilot as it decides whether to introduce formal mediation as another route to settling dispute between lawyers and their clients.’

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Legal Futures, 16th August 2019

Source: www.legalfutures.co.uk

Court “does not need consent of all parties” to order ENE – Litigation Futures

Posted August 12th, 2019 in civil procedure rules, consent, dispute resolution, news by tracey

‘A court has the power to order early neutral evaluation (ENE) even though one party has not consented to it, the Court of Appeal has ruled.’

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Litigation Futures, 9th August 2019

Source: www.litigationfutures.com

Insurers agree to be bound by ADR in new whiplash system – Legal Futures

‘Defendant insurers have agreed to be bound by the outcome of the alternative dispute resolution (ADR) process being built into the new whiplash system, it has emerged.’

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Legal Futures, 13th June 2019

Source: www.legalfutures.co.uk

Court refuses to increase budget for costs party brought on himself – Litigation Futures

Posted June 12th, 2019 in budgets, costs, disclosure, dispute resolution, documents, news by tracey

‘The High Court has rejected a defendant’s request to revise his costs budget upwards, saying that the extra costs came from matters he either should have anticipated or brought on himself.’

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Litigation Futures, 12th June 2019

Source: www.litigationfutures.com

What does “expert in the field of X” mean? – Practical Law: Construction Blog

‘Picture this scenario. The parties’ contract provides that when there is a dispute, an adjudicator is to be appointed from a panel of three, which the parties have already agreed on. In the alternative, if the parties cannot agree the identity of the three panel adjudicators, they will be nominated by the President of the Chartered Institute of Arbitrators (CIArb) as the adjudicator nominating body (ANB). In the event, the parties fail to agree on who the three should be, and then one of them is unhappy with who the CIArb selects. This scenario played out before Jefford J earlier this year. It was, in effect, a dispute about a dispute, but led to some interesting comments from the judge about adjudicator nomination.’

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Practical Law: Construction Blog, 4th June 2019

Source: constructionblog.practicallaw.com

Inheritance battle “screams out” for judge-led ADR, says court – Litigation Futures

Posted June 3rd, 2019 in civil procedure rules, dispute resolution, executors, news, wills by sally

‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’

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Litigation Futures, 31st May 2019

Source: www.litigationfutures.com

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