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

New rules to tackle ‘monster’ of civil disclosure – Law Society’s Gazette

Posted November 6th, 2017 in civil justice, disclosure, dispute resolution, documents, news, pilot schemes by tracey

‘Parties in civil litigation will have to persuade a court if they want disclosure to encompass more than just certain key documents, under plans for reforming ‘monster’ levels of disclosure.’

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Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit – Courts and Tribunals Judiciary

Posted November 2nd, 2017 in choice of forum, dispute resolution, shipping law, speeches by tracey

‘Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit.’

Full speech

Courts and Tribunals Judiciary, 2nd November 2017

Source: www.judiciary.gov.uk

MIAMs: a worthy idea, failing in delivery – Family Law Week

Posted November 2nd, 2017 in arbitration, dispute resolution, divorce, families, financial provision, news by tracey

‘Andrew Moore and Sue Brookes, both of Mills and Reeve LLP, consider mediation information assessment meetings, highlighting the flaws in the process and what can be done to improve the current system.’

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Family Law Week, 31st October 2017

Source: www.familylawweek.co.uk

New research supports calls for no-fault divorce – Family Law

‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’

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Family Law, 30th October 2017

Source: www.familylaw.co.uk

Mediation and the judge’s letter to ‘Sam’: judges need to ‘use their imaginations’ – Family Law

Posted October 27th, 2017 in children, dispute resolution, family courts, judges, judgments, news by sally

‘In a recent article Jane Robey makes a serious point about judicial referral of parties to mediation; but she does so by criticising the judgment of Peter Jackson J (now Peter Jackson LJ) and his letter to ‘Sam’. There are lots of things wrong with the family justice system; and take up of mediation is disappointing. To use Peter Jackson J’s direct communication with the subject of the application in his court, as a means of promoting referral to mediation is surely to pick the wrong target?’

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Family Law, 26th October 2017

Source: www.familylaw.co.uk

Construction: Adjudication – unilateral withdrawal – Law Society’s Gazette

Posted October 23rd, 2017 in arbitration, construction industry, dispute resolution, news by sally

‘Introduced by the Housing Grants Construction and Regeneration Act 1996, the statutory adjudication scheme is a well-established dispute resolution mechanism within the UK construction industry. The scheme is often referred to as a ‘pay now, argue later’ mechanism which seeks to maintain cashflow during construction projects by providing a cost-effective and swift means of determining disputes. Although an adjudication award is binding, it is not final. However, in practice an adjudication award is often the final resolution of a dispute.’

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Law Society's Gazette, 23rd October 2017

Source: www.lawgazette.co.uk

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by tracey

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Can a party withdraw from adjudication part way through and what are the implications? – Practical Law: Construction Blog

Posted October 17th, 2017 in construction industry, costs, dispute resolution, news, wasted costs orders by tracey

‘Jacobs UK Ltd v Skanska Construction UK Ltd was a dispute all about the adequacy of Jacobs’ design services, which related to street lighting in Lewisham and Croydon. It highlights some interesting issues related to whether a party is entitled to withdraw from an adjudication and then start again.’

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Practical Law: Construction Blog , 17th October 2017

Source: constructionblog.practicallaw.com

“Ingenious arguments” fail to topple “smash and grab” award – Practical Law: Construction Blog

Posted October 6th, 2017 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It’s been a while since I’ve blogged about a payment notice case, and so the case of Jonjohnson Construction Ltd v Eagle Building Services Ltd caught my eye.’

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Practical Law: Construction Blog, 3rd October 2017

Source: constructionblog.practicallaw.com

Third party arbitration funding here to stay, says expert, as major report published – OUT-LAW.com

Posted September 21st, 2017 in arbitration, dispute resolution, international law, news, reports, third parties by sally

‘Dispute resolution bodies must develop an understanding of the issues raised by third party funding as the role it plays in international arbitration continues to grow.’

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OUT-LAW.com, 21st September 2017

Source: www.out-law.com

Ep. 10: How A.I. is set to change the legal profession – Law Pod UK

Posted September 4th, 2017 in computer programs, disclosure, dispute resolution, legal profession, news by sally

‘Tom Beamont talks to Rosalind English about the role artificial intelligence is likely to play in the way lawyers and judges operate in the U.K., including discussion about the use of e-Disclosure, online dispute resolution, and whether advice and decisions can reliably be generated by algorithms.’

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Law Pod UK, 1st September 2017

Source: audioboom.com

The UK and the CJEU after Brexit – Law & Religion UK

Posted August 24th, 2017 in courts, dispute resolution, EC law, jurisdiction, news, treaties by sally

‘Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union.’

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Law & Religion UK, 23rd August 2017

Source: www.lawandreligionuk.com