‘While it is often assumed that human rights are reserved for human beings, companies are legal persons having rights in law and do enjoy the protections afforded by human rights legislation.’
OUT-LAW.com, 24th March 2025
Source: www.pinsentmasons.com
‘Mediation: Cracking The Hardest Nuts- Some Thoughts After DKH Retail Ltd and Others v City Football Group Ltd [2024] EWHC 3231 (Ch).’
4-5 Gary's Inn Square, 18th March 2025
Source: www.4-5.co.uk
‘New rules on compulsory mediation could have a major impact on social landlords, writes Ibrar Hussain.’
Local Government Lawyer, 14th March 2025
Source: www.localgovernmentlawyer.co.uk
‘Arran Dowling-Hussey and Alexander Bunzl have written case note BDW Trading Limited v Ardmore Construction Limited [2024] EWHC 3235 (TCC).’
4-5 Gray's Inn Square, 7th March 2025
Source: www.4-5.co.uk
‘In DKH and Others v City Football Group Limited [2024] EWHC 3231 (Ch), heard in November 20204, the court made an order that the parties mediate. The case involved a trade mark dispute between a fashion brand and a football club about branding on professional sports players’ kit. The Claimants sought an order for compulsory mediation before the trial. The order made by the court – and its outcome – is perhaps a significant example of the growing obligations on the court to encourage settlement confirmed by virtue of changes to the Civil Procedure Rules, effective from 1 October 2024. The arguments marshalled by the parties were likely representative of the sort of issues raised in past and future cases.’
Doughty Street Chambers, 26th February 2025
Source: insights.doughtystreet.co.uk
‘New legislation that enhances the powers of arbitrators and limits the ability of businesses to resurrect arguments raised in arbitration before the courts has received Royal Assent.’
OUT-LAW.com, 26th February 2025
Source: www.pinsentmasons.com
‘Pursuant to the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416[1], the Civil Procedure Rules (“CPR”) have been amended from 1st October 2024. As a result, the courts can now order parties in civil proceedings to engage in alternative dispute resolution (“ADR”), where it does not impair the very essence of the parties’ right to a fair trial, and is proportionate to achieving the legitimate aim of settling the dispute fairly, quickly and at reasonable cost.’
Becket Chambers, 19th February 2025
Source: becket-chambers.co.uk
‘A high court ruling has been made in a bitter dispute between branches of the Qatari royal family over a 17th century diamond worth millions of pounds.’
The Independent, 13th February 2025
Source: www.independent.co.uk
‘Section 179 of the Data Protection Act (DPA) 2018 places the Secretary of State under a duty to ensure that a Report is “la[id] before Parliament” on both the “use” and “effectiveness” of “relevant alternative dispute resolution procedures” in cases involving actual or alleged failures by media organisations, other than broadcasters, “to comply with the data protection legislation”. Such a duty applies at the end of a repeating three-year period. The procedures to be reported on are those provided by “persons who produce or enforce codes of practice” for such media organisations and are “alternative” in the sense of being extra-judicial. This duty was proposed after the Independent Press Standards Organisation (IPSO) – the principal self-regulator of the Press – stated (following Government pressure) that it would introduce a ‘compulsory’ arbitration procedure covering data protection.’
UK Constitutional Law Association, 12th February 2025
Source: ukconstitutionallaw.org
‘The master of the rolls was preaching to the converted at the latest LawtechUK event. His message was clear: artificial intelligence is here to stay and the profession should be prepared to embrace it.’
Law Society's Gazette, 9th February 2025
Source: www.lawgazette.co.uk
‘The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.’
Financial Remedies Journal, 6th February 2025
Source: financialremediesjournal.com
‘The Lady Chief Justice has suggested that a new mediation council should be set up for civil and commercial matters to bolster England and Wales’s status as a leading international mediation centre”.’
Legal Futures, 5th February 2025
Source: www.legalfutures.co.uk
‘The Lady Chief Justice gave a lecture on 28 January 2025 to the British Institute of International and Comparative Law. In the lecture, entitled Mediation after the Singapore Convention, Baroness Carr of Walton-on-the-Hill explored how mediation is likely to play an important role in promoting the rule of law domestically and internationally, as is happening with the promotion and development of international commercial courts.’
Courts and Tribunals Judiciary, 29th January 2025
Source: www.judiciary.uk
‘The High Court ordered parties to mediate despite defendant arguments that there was no real chance of success, in a newly published ruling thought to be the first time the court has used its new powers under the amended Civil Procedure Rules.’
Law Society's Gazette, 3rd February 2025
Source: www.lawgazette.co.uk
‘When dealing with the arrangements following separation, sometimes individuals need more than just the advice of a solicitor. Experts are frequently brought in to advise on specialist areas, such as taxation and pensions. The court process is adversarial in nature, and as such can easily become a breeding ground for polarised views and distrust. Expert opinions relied on by one party can be viewed with suspicion by the other, leading to lengthy (and costly) questions about, or submissions in respect of, those opinions. Each person may feel it necessary to seek their own expert advice in the background…double the experts usually means double the costs, reducing the total resources left to be shared.’
Kingsley Napley Family Law Blog, 29th January 2025
Source: www.kingsleynapley.co.uk
‘Melody Hadfield considers the High Court’s decision in Salem v Salem and the enforceability of “reasonable endeavours” clauses.’
27th January 2025
Source: www.4newsquare.com
‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’
Park Square Barristers, 17th December 2024
Source: www.parksquarebarristers.co.uk
‘Few costs lawyers have seen a reduction in disputes between solicitors and their clients despite 2022’s Court of Appeal ruling in Belsner, their representative body has reported.’
Legal Futures, 17th December 2024
Source: www.legalfutures.co.uk
‘Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service. Providing a confidential and streamlined process for those wanting to avoid the delays and potential publicity of a court process, its attraction for clients, other than the additional fees of the arbitrator, are obvious.
However, there are traps that one can fall into, and stumbling blocks we have identified which prevent people from arbitrating, cause difficulties in the process and can add to the cost for clients, which can tarnish the lustre of our proverbial silver bullet.
Here are our lessons learned over the past few years.’
Financial Remedies Journal, 2nd December 2024
Source: financialremediesjournal.com
’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’
39 Essex Chambers, 3rd December 2024
Source: www.39essex.com
© Inner Temple Library 2025