FHDRAs: what should and shouldn’t happen – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

Full Story

Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

The Unassailable Business Case by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, employment, news by sally

‘I am going to stick my neck out and suggest that workplace mediation offers perhaps the largest untapped opportunity for cost-cutting and improving profitability in business in the UK today. The many benefits of a mediation culture, including lower levels of conflict, improved morale, improved staff retention and even improved relations with suppliers and customers are really important and are a big part of that business case, but are outside the scope of this article. I am going to focus here just on the cost savings in terms of management and HR time.’

Full story

Littleton Chambers, 28th April 2017

Source: www.littletonchambers.co.uk

Spoilt for Choice? How to Pick the Right Mediator for the Job by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, news by sally

‘Your choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success.’

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Littleton Chambers, 2nd May 2017

Source: www.littletonchambers.com

Don’t threaten me! Reform of the UK “threats” rules – Technology Law Update

Posted May 8th, 2017 in dispute resolution, intellectual property, intimidation, news by sally

‘Your technology, branding and confidential information are key assets. If you find that a competitor is taking advantage of them illegally you may be tempted to let them know straight away. You may also want to inform the supply chain in public statements about infringing imports, or products that take advantage of your proprietary technology. While this seems like the obvious first step to take, it is dangerous. If you are not careful you can find yourself at the wrong end of a “threats” action.’

Full story

Technology Law Update, 4th May 2017

Source: www.technology-law-blog.co.uk

Speech by The Rt Hon. The Lord Thomas of Cwmgiedd: Commercial dispute resolution – courts and arbitration – Courts and Tribunals Judiciary

Posted April 28th, 2017 in Commercial Court, dispute resolution, speeches by tracey

‘Today in Beijing, I want, in the context of the necessity to respond to change, to speak about how we ensure that Commercial Courts and arbitral centres work together to enhance expert, efficient and cost-effective commercial dispute resolution and to keep the law up to date.’

Full speech

Courts and Tribunals Judiciary, 25th April 2017

Source: http://www.judiciary.gov.uk

A Brave New World: Partly Contesting FCA Enforcement Proceedings – Blackstone Chambers

Posted April 6th, 2017 in dispute resolution, enforcement, financial regulation, news by sally

‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’

Full story

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Gambling Commission delivers damning verdict on dispute procedures – The Guardian

Posted March 31st, 2017 in complaints, dispute resolution, gambling, news by tracey

‘The Gambling Commission, which regulates all betting and gaming in the UK, has delivered a damning verdict on the gambling industry’s procedures for resolving complaints and disputes and warned that operators must act now to halt a sharp decline in the number of customers who believe gambling “is fair and can be trusted”.’

Full story

The Guardian, 30th March 2017

Source: www.guardian.co.uk

Business and Property Courts – Courts and Tribunals Judiciary

Posted March 14th, 2017 in civil justice, courts, dispute resolution, press releases by tracey

‘From June of this year, the specialist civil courts are to be known as the “Business and Property Courts of England and Wales”.’

Full press release

Courts and Tribunals Judiciary, 13th March 2017

Source: www.judiciary.gov.uk

Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017 – Courts and Tribunals Judiciary

Posted March 8th, 2017 in arbitration, courts, dispute resolution, international law, speeches by tracey

‘Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017.’

Full speech

Courts and Tribunals Judiciary, 7th march 2017

Source: www.judiciary.gov.uk

AI revolution could hit access to justice for people on low incomes – Legal Futures

‘Artificial intelligence (AI) could have a knock-on impact on legal services for poorer people, such as weakening pro bono assistance by cutting the number of commercial lawyers, according to a report by Professor Roger Smith.’

Full story

Legal Futures, 2nd February 2017

Source: www.legalfutures.co.uk

Digital warning over tribunal reforms – Law Society’s Gazette

‘The government should learn lessons from failed attempts to introduce new technology to improve the way employment tribunals work, the Law Society has warned.’

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Law Society’s Gazette, 27th January 2017

Source: www.lawgazette.co.uk

Legal services at forefront of Global Britain – Ministry of Justice

‘A bold and bright future awaits the UK’s world-leading legal services as we prepare to leave the EU, Lord Chancellor Elizabeth Truss declared today.’

Full press release

Ministry of Justice, 19th January 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Speech by the Lord Chief Justice: Building the Best Court Forum for Commercial Dispute Resolution – Courts and Tribunals Judiciary

Posted December 7th, 2016 in courts, dispute resolution, speeches, Wales by tracey

‘Speech given at the Wales Commercial Law Association, Cardiff, 21 October 2016.’

Full speech

Courts and Tribunals Judiciary, 5th December 2016

Source: www.judiciary.gov.uk

Share of EU litigants using English courts falls further – OUT-LAW.com

Posted December 5th, 2016 in choice of forum, dispute resolution, news, referendums, treaties by sally

‘The share of European litigants opting to settle their disputes in the English courts has fallen for the fourth successive year, down to 20% from a peak of 35% in 2012/13, according to annual research.’

Full story

OUT-LAW.com, 2nd December 2016

Source: www.out-law.com

High Court: part 36 offer extinguished earlier common law offer – Litigation Futures

Posted November 22nd, 2016 in dispute resolution, news, part 36 offers, time limits by sally

‘A part 36 offer acts as a counter-offer that extinguishes an earlier offer based on common law principles, the High Court has ruled in a decision that one of the solicitors involved said “could influence settlement techniques and tactics in many commercial disputes in future”.’

Full story

Litigation Futures, 22nd November 2016

Source: www.litigationfutures.com

Negotiating in the Shadow of the Court: Mediation in parallel with litigation – Family Law Week

‘Madeleine Reardon, barrister of 1 King’s Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.’

Full story

Family Law Week, 27th October 2016

Source: www.familylawweek.co.uk

Defendant penalised after “unreasonably” refusing to mediate costs dispute – Litigation Fures

Posted October 25th, 2016 in arbitration, costs, dispute resolution, news by michael

‘Newspaper group Mirror Group Newspapers has been hit with indemnity costs after the Senior Costs Judge ruled that it had unreasonably failed to engage in efforts to use alternative dispute resolution instead of going to detailed assessment.’

Full story

Litigation Futures, 20th October 2016

Source: www.litigationfutures.com

High Court confirms distinction in law between interim and final payments – Out-Law.com

Posted October 24th, 2016 in construction industry, contracts, dispute resolution, news by michael

‘A second “valuation” adjudication confirming the value of the final payment due under a construction contract is permissible, the High Court has ruled.’

Full story

Out-Law.com, 21st October 2016

Source: www.out-law.com

Judges prepare profession for ODR across less complex cases and court administration in the cloud – Legal Futures

Posted October 18th, 2016 in courts, dispute resolution, internet, judiciary, legal profession, news, speeches, tribunals by sally

‘Online dispute resolution “will become the norm for much of the less complex work in civil, family and tribunals jurisdictions”, the Senior President of Tribunals said over the weekend.’

Full story

Legal Futures, 17th October 2016

Source: www.legalfutures.co.uk