Category: dispute resolution

There’s ADR…and Then There’s ADR: It’s Not All the Same – Hardwicke Chambers

Posted December 4th, 2019 in consent, dispute resolution, families, news by sally

‘In this case, an application under the Inheritance (Provision for Family & Dependants) Act 1975, the Defendant refused consent to an Early Neutral Evaluation (‘ENE’) hearing. By an order dated 20 May 2019, Parker J therefore declined to order one, on the basis that the court did not have power to do so in such circumstances where consent to an ENE hearing is withheld by one of the parties.’

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Hardwicke Chambers, 27th November 2019

Source: hardwicke.co.uk

Mediating Contested Wills Claims – Patrick Taylor – 4-5 Gray’s Inn Square

Posted November 26th, 2019 in dispute resolution, news, wills by sally

‘I am regularly appointed to mediate disputes about the validity of a will. Almost by definition they involve claims by family members against other family members.’

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4-5 Gray's Inn Square, 7th November 2019

Source: www.4-5.co.uk

Judicial Mediation in the Employment Tribunal: How to Make the Most of it – Littleton Chambers

Posted November 26th, 2019 in dispute resolution, employment, employment tribunals, judiciary, news by sally

‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’

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Littleton Chambers, 25th November 2019

Source: www.littletonchambers.com

“All for one and one for all” when it comes to severing an adjudicator’s decision – Practical Law: Construction Blog

Posted November 20th, 2019 in construction industry, contracts, dispute resolution, enforcement, news, Scotland by sally

‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’

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Practical Law: Construction Blog, 19th November 2019

Source: constructionblog.practicallaw.com

The Art of Mediation – The 36 Group

Posted November 20th, 2019 in artistic works, dispute resolution, news by sally

‘Disputes can arise in the commercial, private and family arenas and traditionally have resulted in formal court action for resolution. This can be very expensive, time consuming, emotionally challenging and often conducted in very public forums. The parties can be exposed to substantial costs, negative or harmful publicity, personal stress and a substantial call on their time. The courts have, in reality, relatively limited remedies, usually purely financial and this can restrict the range of outcomes that might more readily reflect the needs and aspirations of the parties involved.’

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The 36 Group, 12th November 2019

Source: 36group.co.uk

Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture – Courts and Tribunals Judiciary

Posted November 14th, 2019 in artificial intelligence, climate change, contracts, data protection, dispute resolution, electronic commerce, legal services, speeches by tracey

‘Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture.’

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Courts and Tribunals Judiciary, 13th November 2019

Source: www.judiciary.uk

Adjudication of construction professional negligence claims – Hardwicke Chambers

Posted October 31st, 2019 in barristers, construction industry, dispute resolution, negligence, news by sally

‘Ebony Alleyne and Sarah McCann explore the pros and cons of using statutory adjudication as a means of resolving such disputes and then consider the role and potential impact of the new Professional Negligence Bar Association’s adjudication scheme.’

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Hardwicke Chambers, 29th October 2019

Source: hardwicke.co.uk

Court of Appeal orders early neutral evaluation despite party objection – Family Law

Posted October 23rd, 2019 in appeals, civil procedure rules, consent, dispute resolution, families, interpretation, news by tracey

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

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Family Law, 21st October 2019

Source: www.familylaw.co.uk

Considering crystallisation: what dispute should (or can) you refer to adjudication? – Practical Law: Construction Blog

Posted October 22nd, 2019 in construction industry, contracts, dispute resolution, jurisdiction, news by tracey

‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’

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Practical Law: Construction Blog, 21st October 2019

Source: constructionblog.practicallaw.com

Vos: Woolf reforms were “inadequately revolutionary” – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, dispute resolution, evidence, expert witnesses, news by tracey

‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’

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Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

Court of Appeal orders early neutral evaluation despite party objection – Family Law

Posted October 22nd, 2019 in case management, civil procedure rules, consent, dispute resolution, news by tracey

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

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Family Law, 21st October 2019

Source: www.familylaw.co.uk

Capitalised maintenance: a court-free solution? – Family Law

Posted October 3rd, 2019 in dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

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Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Derivative actions and unfair prejudice petitions, by Georgina Squire – Law Society Gazette

Posted September 25th, 2019 in company law, derivative claims, dispute resolution, families, news, partnerships, shareholders, unfairly prejudicial conduct by michael

‘Shareholder claims principally consist of unfair prejudice petitions (UPPs), instigated by members on their own behalf, and derivative actions (DAs), brought by the members on behalf of the company. Dinglis v Dinglis [2019] and Tonstate Group Ltd and Ors v Edward Wojakovski [2019] have developed the law surrounding a shareholder’s ability to bring UPPs and DAs. They involve family-run companies, providing cautionary tales for family members who choose not to formalise matters sufficiently.’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Solicitors “ignorant about prof neg adjudication” – Litigation Futures

Posted August 22nd, 2019 in dispute resolution, negligence, news, solicitors by sally

‘There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.’

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Litigation Futures, 22nd August 2019

Source: www.litigationfutures.com

Homeowners beware – adjudication can catch you out – Practical Law: Construction Blog

Posted August 16th, 2019 in bias, construction industry, dispute resolution, jurisdiction, news, summary judgments by tracey

‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd v Sylvein Pinto, which dates from earlier in the year but only recently became available. If you are unfamiliar with this judgment, it is certainly a case of “homeowners beware”.’

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Practical Law: Construction Blog, 14th August 2019

Source: constructionblog.practicallaw.com

Legal Ombudsman pilots use of formal mediation – Legal Futures

Posted August 16th, 2019 in dispute resolution, legal ombudsman, news, pilot schemes by tracey

‘The Legal Ombudsman (LeO) is running a “proof of concept” pilot as it decides whether to introduce formal mediation as another route to settling dispute between lawyers and their clients.’

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Legal Futures, 16th August 2019

Source: www.legalfutures.co.uk

Court “does not need consent of all parties” to order ENE – Litigation Futures

Posted August 12th, 2019 in civil procedure rules, consent, dispute resolution, news by tracey

‘A court has the power to order early neutral evaluation (ENE) even though one party has not consented to it, the Court of Appeal has ruled.’

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Litigation Futures, 9th August 2019

Source: www.litigationfutures.com

Insurers agree to be bound by ADR in new whiplash system – Legal Futures

Posted June 14th, 2019 in accidents, dispute resolution, fees, insurance, news, personal injuries, road traffic by sally

‘Defendant insurers have agreed to be bound by the outcome of the alternative dispute resolution (ADR) process being built into the new whiplash system, it has emerged.’

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Legal Futures, 13th June 2019

Source: www.legalfutures.co.uk

Court refuses to increase budget for costs party brought on himself – Litigation Futures

Posted June 12th, 2019 in budgets, costs, disclosure, dispute resolution, documents, news by tracey

‘The High Court has rejected a defendant’s request to revise his costs budget upwards, saying that the extra costs came from matters he either should have anticipated or brought on himself.’

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Litigation Futures, 12th June 2019

Source: www.litigationfutures.com

What does “expert in the field of X” mean? – Practical Law: Construction Blog

Posted June 7th, 2019 in construction industry, dispute resolution, expert witnesses, news, surveyors by tracey

‘Picture this scenario. The parties’ contract provides that when there is a dispute, an adjudicator is to be appointed from a panel of three, which the parties have already agreed on. In the alternative, if the parties cannot agree the identity of the three panel adjudicators, they will be nominated by the President of the Chartered Institute of Arbitrators (CIArb) as the adjudicator nominating body (ANB). In the event, the parties fail to agree on who the three should be, and then one of them is unhappy with who the CIArb selects. This scenario played out before Jefford J earlier this year. It was, in effect, a dispute about a dispute, but led to some interesting comments from the judge about adjudicator nomination.’

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Practical Law: Construction Blog, 4th June 2019

Source: constructionblog.practicallaw.com