dispute resolution – Page 14 – Current Awareness

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 sally

‘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.’

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 sally

‘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.’

Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

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 sally

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

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.’

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.’

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 sally

‘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”.’

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 sally

‘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.’

Legal Futures, 16th August 2019

Source: www.legalfutures.co.uk

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.’

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 sally

‘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.’

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 sally

‘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.’

Practical Law: Construction Blog, 4th June 2019

Source: constructionblog.practicallaw.com

Inheritance battle “screams out” for judge-led ADR, says court – Litigation Futures

Posted June 3rd, 2019 in civil procedure rules, dispute resolution, executors, news, wills by sally

‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’

Litigation Futures, 31st May 2019

Source: www.litigationfutures.com

Impact of Brexit on UK courts “exaggerated”, judges say – Litigation Futures

Posted May 10th, 2019 in brexit, courts, dispute resolution, judges, jurisdiction, news by sally

‘The likely legal impact of Brexit on English law and the UK’s role in international dispute resolution, has been exaggerated, a Court of Appeal judge said yesterday.’

Litigation Futures, 8th May 2019

Source: www.litigationfutures.com

(Un)signed, sealed, delivered: Anchor 2020 v Midas Construction – Practical Law: Construction Blog

Posted May 9th, 2019 in construction industry, contracts, dispute resolution, enforcement, news by sally

‘It is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding ongoing contractual negotiations.’

Practical Law: Construction Blog, 8th May 2019

Source: constructionblog.practicallaw.com

Parliament, not judges, should be helping separated parents – McFarlane – Law Society’s Gazette

Posted April 10th, 2019 in dispute resolution, divorce, families, judiciary, news, parliament, pilot schemes by sally

‘Resolving straightforward relationship difficulties between separated parents should not be a matter for judges, the president of the family division has said.’

Law Society's Gazette, 10th April 2019

Source: www.lawgazette.co.uk

Court reforms “must measure impact on vulnerable litigants” – Legal Futures

Posted March 12th, 2019 in civil justice, courts, dispute resolution, litigants in person, news by sally

‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’

Legal Futures, 12th March 2019

Source: www.legalfutures.co.uk

Domestic violence before shari’a councils – Family Law

Posted February 28th, 2019 in dispute resolution, domestic violence, islamic law, news by sally

‘Dr Naheed Wali Ghauri, an Associate Research Fellow at the School of Law, Birkbeck College, University of London and non-stipendiary Research Fellow at the Woolf Institute, Cambridge, discusses domestic violence before Shari’a councils and mediation under English and Islamic Forum.’

Family Law, 28th February 2019

Source: www.familylaw.co.uk

Analysis: Child Arrangement Order – Family Law

Posted February 27th, 2019 in children, dispute resolution, divorce, families, news, parental responsibility, parental rights by sally

‘According to Azhar Hussain, solicitor-Advocate and head of family at Optimal Solicitors, a child arrangement order may be necessary to resolve disagreements regarding where and with who children will live, or how much time they will spend with a parent or other person with whom they do not live.’

Family Law, 27th February 2019

Source: www.familylaw.co.uk

Gross defends arbitration against claim it damages common law – Litigation Futures

Posted January 23rd, 2019 in arbitration, civil justice, dispute resolution, judges, news by sally

‘A Court of Appeal judge has rejected the argument – pressed by a former Lord Chief Justice – that the growth of arbitration to resolve commercial disputes has retarded the development of the common law.’

Litigation Futures, 22nd January 2019

Source: www.litigationfutures.com

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