‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’
St Ives Chambers, February 2020
Source: www.stiveschambers.co.uk
‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’
Henderson Chambers, 30th January 2020
Source: www.hendersonchambers.co.uk
‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’
OUT-LAW.com, 4th February 2020
Source: www.pinsentmasons.com
‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’
Legal Futures, 29th January 2020
Source: www.legalfutures.co.uk
‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’
Law Society's Gazette, 27th January 2020
Source: www.lawgazette.co.uk
‘TThe epic Bates v Post Office group litigation, which has dragged on for over three years, has been settled, the parties announced today with the Post Office admitting “we got things wrong in our dealings with a number of postmasters”. The surprise announcement was made days before judgment in the so-called the “Horizon trial” – the second trial in the class action – was due to be delivered.’
Law Society's Gazette, 11th December 2019
Source: www.lawgazette.co.uk
‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’
New Law Journal, 27th November 2019
Source: www.newlawjournal.co.uk
‘Disputes do arise. Between states, in businesses, within different sectors and in small knit groups, disagreements can happen, and they can have many unwelcome consequences.’
New Law Journal, 28th November 2019
Source: www.newlawjournal.co.uk
‘Bryan Clark provides a backdrop to the current law & practice around compulsory mediation.’
New Law Journal, 28th November 2019
Source: www.newlawjournal.co.uk
‘Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.’
New Law Journal, 28th November 2019
Source: www.newlawjournal.co.uk
‘I am regularly appointed to mediate disputes about the validity of a will. Almost by definition they involve claims by family members against other family members.’
4-5 Gray's Inn Square, 7th November 2019
Source: www.4-5.co.uk
‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’
Littleton Chambers, 25th November 2019
Source: www.littletonchambers.com
‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’
Practical Law: Construction Blog, 19th November 2019
‘Disputes can arise in the commercial, private and family arenas and traditionally have resulted in formal court action for resolution. This can be very expensive, time consuming, emotionally challenging and often conducted in very public forums. The parties can be exposed to substantial costs, negative or harmful publicity, personal stress and a substantial call on their time. The courts have, in reality, relatively limited remedies, usually purely financial and this can restrict the range of outcomes that might more readily reflect the needs and aspirations of the parties involved.’
The 36 Group, 12th November 2019
Source: 36group.co.uk
‘Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture.’
Courts and Tribunals Judiciary, 13th November 2019
Source: www.judiciary.uk
‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’
Practical Law: Construction Blog, 21st October 2019
© Inner Temple Library 2020