‘The courts are getting harder on parties who fail to follow directions to try alternative dispute resolution (ADR), with judges imposing indemnity costs in two cases in recent weeks.’
Litigation Futures, 16th April 2020
Source: www.litigationfutures.com
‘At the best of times there are disputes between commercial landlords and retailers in England and Wales. Over the last month the effect of the Covid 19 public health crisis has laid waste to the high street. Most shops cannot now open, and the ones that can must implement stringent social distancing measures. All pubs, restaurants, cinemas and so on are closed. Where there is no footfall there is no spending by customers and no income generated to pay rent. No one at the time of writing knows exactly when this position will change. The present scenario presents an unattractive vista for commercial landlords. Nothing operates in a vacuum; the rent these landlords were expecting will be income for investors who may own a small retail building and have no other source of income. Large pension funds, who often invest in the high street, will continue to have the normal financial obligations to the members of their fund. Some landlords will be reliant on their commercial rental income to service a loan secured on the building they rent out.’
33 Bedford Row, 9th April 2020
Source: www.33bedfordrow.co.uk
‘With the courts shutting their doors to the majority of litigants following the outbreak of Coronavirus, now more than ever parties and their lawyers are turning their minds to alternative dispute resolution (ADR). From virtual mediations to remote ENEs and arbitrations, there are plenty of forms of ADR which can be conducted effectively during this crisis. ADR remains a powerful tool for concluding cases swiftly and at comparatively minimal cost which in this time of economic uncertainty is crucial. In this blog we would look at the different forms of ADR and how to they might continue to operate practically during the lockdown and social distancing measures associated with the pandemic.’
Pump Court Chambers, 14th April 2020
Source: www.pumpcourtchambers.com
‘In these unprecedented times, we are already seeing companies collapsing, Flybe ceased operating at the start of March stating that COVID-19 was the final nail in the coffin. Widespread media coverage in early April states that Debenham faces administration and clothing giant Arcadia is preparing to close a huge number of stores as the effect of the lockdown tears through the high street. The global pandemic could lead to a great depression and the adverse economic effects seem almost certain to outweigh the impact of the 2008/2009 world-wide recession. We will look at how COVID-19 may impact the UK economy in the coming months and how ADR may be used in order to address business disputes in an expeditious and cost-effective manner.’
33 Bedford Row, 6th April 2020
Source: www.33bedfordrow.co.uk
‘The recent judgment of Mrs Justice O’Farrell in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provided a boost for anyone entering a contract who would prefer to utilise a pre-agreed dispute resolution process in the event of a future contractual disagreement. Specifically, the case provides valuable guidance on the court’s approach if asked to enforce a contractual dispute resolution clause providing for alternative dispute resolution (ADR).’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘Why, you may be wondering, would a barrister with 28 years’ experience of civil litigation and the adversarial process want to talk about mediation? Surely the whole purpose of barristers, and indeed lawyers, is to let people have their day in court and to demolish the “other side”?’
Becket Chambers, 2nd March 2020
Source: becket-chambers.co.uk
‘How good are employment tribunals at resolving disputes between employers and staff? Joshua Rozenberg has been finding out.’
BBC Law in Action, 17th March 2020
Source: www.bbc.co.uk
‘A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.’
Local Government Lawyer , 6th March 2020
Source: www.localgovernmentlawyer.co.uk
‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’
Legal Futures, 3rd March 2020
Source: www.legalfutures.co.uk
‘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
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