‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’
Law Society's Gazette, 29th April 2024
Source: www.lawgazette.co.uk
‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’
Gatehouse Chambers, 17th April 2024
Source: gatehouselaw.co.uk
‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’
Gatehouse Chambers, 19th April 2024
Source: gatehouselaw.co.uk
‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’
3 Hare Court. 11th March 2024
Source: www.3harecourt.com
‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’
Gatehouse Chambers, 18th March 2024
Source: gatehouselaw.co.uk
‘Dispute Resolution analysis: The Court of Appeal has rejected 40 years of “received wisdom” among company law practitioners and has held that a limitation period of either twelve or six years (depending upon the relief sought) applies in respect of petitions under section 994 of the Companies Act 2006.’
Gatehouse Chambers, 7th March 2024
Source: gatehouselaw.co.uk
‘Fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, it has emerged.’
Legal Futures, 19th April 2024
Source: www.legalfutures.co.uk
‘A search of the internet for “how successful is mediation?” indicates that “mediation has an average success rate of 70-80%” but my daughter tells me that 86.7% of statistics on the internet are made up so further research is required. The authoritative CEDR 10th Annual Mediation Audit, available at Tenth-CEDR-Mediation-Audit-2023.pdf found that 72% of civil mediations settled on the day and a further 20% settled “shortly after”. There is, therefore, a very good chance that mediation will save the parties the cost, stress and emotional turmoil of litigation.’
Becket Chambers, 29th February 2024
Source: becket-chambers.co.uk
‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’
Gatehouse Chambers, 5th February 2024
Source: gatehouselaw.co.uk
‘A Family Court judge has told divorcing couples that the court expects them to make “a serious effort” to resolve their differences before issuing proceedings.’
Legal Futures, 19th March 2024
Source: www.legalfutures.co.uk
‘Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.’
Local Government Lawyer, 15th March 2024
Source: www.localgovernmentlawyer.co.uk
‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’
Gatehouse Chambers, 20th February 2024
Source: gatehouselaw.co.uk
‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’
Law Society's Gazette, 2nd February 2024
Source: www.lawgazette.co.uk
‘Children will be better protected from the impact of lengthy courtroom battles thanks to pioneering measures to help families resolve disputes as swiftly as easily possible.’
Ministry of Justice, 26th January 2024
Source: www.gov.uk
‘The government is to launch a pilot of early legal advice for separating couples to judge what impact it could have to speed up a resolution.’
Legal Furures, 26th January 2024
Source: www.legalfutures.co.uk
‘Firms caught up in endless international legal disputes will be spared time and money thanks to Ministers signing up to the 2019 Hague Convention today (12 January 2024).’
Ministry of Justice, 12th January 2024
Source: www.gov.uk
‘Mark Roach, Sarah Davies and Dawn Gowland review a recent High Court case where a contractor sought to enforce an adjudicator’s decision against a Welsh council.’
Local Government Lawyer, 12th January 2024
Source: www.localgovernmentlawyer.co.uk
‘The UK’s appeal to businesses as a centre for dispute resolution will be boosted by the signing of the 2019 Hague Convention on private international law, the government said today. The treaty, signed in the Netherlands by justice minister Lord Bellamy this week, creates international framework of rules for recognition and enforcement of judgments in cross-border civil disputes.’
Law Society's Gazette, 12th January 2024
Source: www.lawgazette.co.uk
‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:
“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’
Littleton Chambers, 29th November 2023
Source: littletonchambers.com
‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’
OUT-LAW.com, 14th December 2023
Source: www.pinsentmasons.com
© Inner Temple Library 2024