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

New report on Alternative Dispute Resolution – Courts and Tribunals Judiciary

Posted December 4th, 2018 in civil justice, Civil Justice Council, dispute resolution, reports by tracey

‘A working group of the Civil Justice Council (CJC) has published a report making recommendations for Alternative Dispute Resolution – ways of resolving certain disputes that don’t involve going to court.’

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Courts and Tribunals Judiciary, 4th December 2018

Source: www.judiciary.gov

Lawyers join forces to hold first London disputes week – Litigation Futures

Posted December 3rd, 2018 in brexit, courts, dispute resolution, international law, jurisdiction, London, news by tracey

‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’

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Litigation Futures, 3rd December 2018

Source: www.litigationfutures.com

Speech by Lord Chancellor of the High Court: The City UK Launch – Courts and Tribunals Judiciary

‘Speech by Lord Chancellor of the High Court: The City UK Launch.’

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Courts and Tribunals Judiciary, 30th November 2018

Source: www.judiciary.uk

“All you need is fraud?”: stays of execution and adjudication enforcement – Practical Law: Construction Blog

Posted November 28th, 2018 in dispute resolution, enforcement, fraud, news, stay of execution by tracey

‘Earlier this year, Fraser J gave a significant judgment in which he: confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision; developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. This post focuses on, and analyses in further detail, Fraser J’s so-called “principle (g)”.’

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Practical Law: Construction Blog, 28th November 2018

Source: constructionblog.practicallaw.com

Electronic Communication Code: Tribunal clarifies its jurisdiction – OUT-LAW.com

‘Claims for compensation made under the old Electronic Communications Code (ECC) in the UK cannot be brought before a tribunal tasked with resolving disputes under the new ECC, the tribunal has confirmed.’

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OUT-LAW.com, 6th November 2018

Source: www.out-law.com

Litigation trends: The Brexit zeitgeist – New Law Journal

‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’

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New Law Journal, 1st November 2018

Source: www.newlawjournal.co.uk

Ryanair tops airline compensation appeal claims for year – BBC News

Posted November 2nd, 2018 in airlines, appeals, compensation, delay, dispute resolution, news, statistics by sally

‘More Ryanair passengers have taken compensation claims for cancellations or delays to arbitration this year than any other airline, figures show.’

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BBC News, 2nd November 2018

Source: www.bbc.co.uk

Removing blame from divorce will make it easier for separating couples to achieve a settlement – Family Law

Posted October 31st, 2018 in dispute resolution, divorce, news by sally

‘There is a sense of irony, perhaps even comedy, in a situation that sees government Ministers looking to make the process of divorce simpler – at the very time they’re struggling to come to terms with Brexit: the most complex divorce that UK policy makers have ever faced.’

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Family Law, 31st October 2018

Source: www.familylaw.co.uk

Adjudicator’s chicken and egg jurisdictional dilemma – Practical Law: Construction Blog

Posted October 5th, 2018 in building law, contracts, dispute resolution, jurisdiction, news by tracey

‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’

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Practical Law: Construction Blog, 2nd October 2018

Source: constructionblog.practicallaw.com

Divorce & Financial Remedy Update, October 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’

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Family Law Week, 2nd October 2018

Source: www.familylawweek.co.uk

Pensions Ombudsman to overhaul dispute resolution – OUT-LAW.com

Posted August 28th, 2018 in complaints, consumer protection, dispute resolution, news, pensions by sally

‘The Pensions Ombudsman is planning to overhaul the way it handles pensions disputes over the coming year, it has said.’

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OUT-LAW.com, 24th August 2018

Source: www.out-law.com

The pitfalls of bespoke ADR clauses – Practical Law: Construction Blog

Posted August 8th, 2018 in construction industry, dispute resolution, news by tracey

‘For the first time in quite a while I am in the enviable position of having more than one adjudication enforcement case to choose to write about this week. In the end I plumped for Beach Homes v Hazell and Hazell as it raises some interesting points about bespoke dispute resolution clauses. It is a judgment of Mr Jonathan Acton Davis QC, one of the army of Deputy High Court judges currently sitting in the TCC.’

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Practical Law: Construction Blog, 7th August 2018

Source: constructionblog.practicallaw.com

The rise of private FDRs – Family Law

Posted July 31st, 2018 in arbitration, dispute resolution, families, financial provision, judges, news by sally

‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

Video hearings “will not supplant” face-to-face, says HMCTS – Legal Futures

Posted July 31st, 2018 in courts, dispute resolution, news, tribunals, video recordings by sally

‘Video hearings will not supplant face-to-face hearings in the majority of cases before the courts, even after their use is expanded, the deputy director of HM Courts and Tribunals Service (HMCTS) has predicted.’

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Legal Futures, 31st July 2018

Source: www.legalfutures.co.uk