Family ADR boosted by new guidance – Law Society’s Gazette

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

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Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

Public plead for free legal advice before deciding whether to go to court – Legal Futures

‘Any person thinking about taking their case to court should be able to see a lawyer without cost at least once, according to an opinion poll conducted as part of work on the public perception of justice.’

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Legal Futures, 24th November 2015

Source: www.legalfutures.co.uk

Leveson: civil courts could introduce online screening of cases – Litigation Futures

Posted November 16th, 2015 in case management, civil justice, dispute resolution, family courts, news by sally

‘Sir Brian Leveson, president of the Queen’s Bench Division, has argued that a “change in approach” is needed by the civil and family courts, including the introduction of a “screening process”.’

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Litigation Futures, 13th November 2015

Source: www.litigationfutures.com

Justice Knowles urges legal community to ‘work harder’ to keep UK as dispute resolution leader – Legal Week

Posted November 10th, 2015 in arbitration, dispute resolution, judges, news, pilot schemes, speeches by sally

‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’

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Legal Week, 6th November 2015

Source: www.legalweek.co.uk

Civil court fee increases a ‘serious own goal’ – City lawyers – Law Society’s Gazette

Posted September 30th, 2015 in civil justice, consultations, courts, dispute resolution, fees, news by sally

‘Further civil court fee increases could force international businesses to take their legal work outside the UK, City lawyers have warned.’

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Law Society’s Gazette, 29th September 2015

Source: www.lawgazette.co.uk

Can access to justice in employment disputes be restored by a new single jurisdiction? – Halsbury’s Law Exchange

Posted September 21st, 2015 in costs, dispute resolution, employment tribunals, jurisdiction, news by sally

‘In 2013 radical changes were introduced to the Employment Tribunal system, which, since its inception in the 1970s, had enabled employees to bring their disputes before a legally qualified Chairman free of charge. Since 2013 legal costs have been incurred automatically upon issuing proceedings. Before issuing proceedings the parties have an opportunity to reach a settlement via the ACAS early conciliation process. But there may be little incentive for an employer to engage in a conciliated settlement, where the employee is unlikely to be able to afford the tribunal fees.’

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Halsbury’s Law Exchange, 18th September 2015

Source: www.halsburyslawexchange.co.uk

Law Society in England calls for ‘radical’ employment tribunal reform – OUT-LAW.com

‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

Employed barristers need specialist training in “persuasive advocacy” beyond the courtroom – Legal Futures

Posted September 14th, 2015 in advocacy, barristers, dispute resolution, employment, legal education, news, statistics by tracey

‘The needs of employed barristers should not be ignored and “second class citizenship” should “by now be a myth”, a former Crown prosecutor has said.’

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Legal Futures, 14th September 2014

Source: www.legalfutures.co.uk

Finance & Divorce Update September 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during August 2015.’

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Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk

European rules would make it harder for LeO to reject complaints – Legal Futures

Posted September 8th, 2015 in complaints, consultations, dispute resolution, EC law, legal ombudsman, news by sally

‘The European directive on alternative dispute resolution (ADR) will not only extend the period for making complaints about lawyers from six to 12 months, but reduce the grounds for the Legal Ombudsman (LeO) to reject them, it has emerged.’

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Legal Futures, 8th September 2015

Source: www.legalfutures.co.uk

Finance & Divorce Update – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during July 2015.’

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Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

Rise in divorce cases signals mediation failure – Law Society’s Gazette

Posted August 26th, 2015 in dispute resolution, divorce, news, statistics by sally

‘A continuing rise in the number of new private law cases could signal that not enough divorcing couples are being channelled towards mediation, family law organisation Resolution has said.’

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Law Society’s Gazette, 24th August 2015

Source: www.lawgazette.co.uk

ADR and costs – Hardwicke Chambers

Posted July 28th, 2015 in arbitration, budgets, costs, dispute resolution, news by sally

‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’

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Zenith PI, 13th July 2015

Source: www.zenithpi.wordpress.com

Disney wins starwars.co.uk net domain battle – BBC News

‘A Berkshire-based fancy-dress retailer is being made to surrender the starwars.co.uk web address after feeling the force of Disney’s wrath.’

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BBC News, 9th July 2015

Source: www.bbc.co.uk

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

Supreme Court: losing party to adjudication has six years to challenge that decision in the courts – OUT-LAW.com

Posted June 19th, 2015 in contracts, dispute resolution, limitations, news by tracey

‘A party seeking repayment of sums paid following an adjudication award against it has six years from the date of payment to do so, the UK’s highest court has confirmed.’

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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

Is crowdfunded litigation the future of justice? – The Guardian

Posted May 26th, 2015 in costs, dispute resolution, internet, news, public interest, third parties by sally

‘With legal aid in crisis, CrowdJustice selects public interest cases and invites the public to fund them. But it faces many obstacles to enacting real change.’

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The Guardian, 25th May 2015

Source: www.guardian.co.uk

Judges unveil streamlined trial procedures for commercial cases – Litigation Futures

‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Extend divorce mediation meetings to “smaller civil cases”, Lord Neuberger says – Litigation Futures

Posted May 13th, 2015 in dispute resolution, divorce, news by tracey

‘Lord Neuberger has said that the compulsory mediation information and assessment meetings (MIAMs) introduced for separating couples should be extended to “smaller civil cases”.’

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Litigation Futures, 13th May 2015

Source: www.litigationfutures.com