‘Businesses are already changing contracts so that disputes are heard in the European Union rather than the UK, according to a survey published today. Research from Thomson Reuters Legal found the UK’s decision to leave the EU is making business leaders questions whether London is still the best option as a global centre for dispute resolution.’
Law Society's Gazette, 23rd July 2018
Source: www.lawgazette.co.uk
‘The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their support to such a scenario. Projecting into the future, it is equally unclear how the Chequers agreement will impact UK politics and the government’s viability.’
UK Constitutional Law Association, 12th July 2018
Source: ukconstitutionallaw.org
‘One of the recurring themes on this blog is looking at what happens in arbitration and drawing parallels with what happens in adjudication. It is something that really interests me as I act as both adjudicator and arbitrator. This week is no different and I am looking at the judgment in Fehn Schiffahrts GmbH & Co KG v Romani SPA, where the Commercial Court allowed an appeal on a point of law under section 69 of the Arbitration Act 1996 and remitted the award back to the three-person tribunal.’
Practical Law: Construction Blog, 10th July 2018
‘Steven Gasztowicz QC considers the radical question of whether there could ever be ‘one civil court’ & ‘one judiciary’.’
New Law Journal, 6th July 2018
Source: www.newlawjournal.co.uk
‘Deborah Eaton QC, 1 King’s Bench Walk, Hassan Khan, 4 Paper Buildings and Mark Irving, Harbottle & Lewis examine whether mediation agreements are always susceptible to privilege, following Mr Justice Williams’s judgment in BL v TC & OD [2017] EWHC 3363.’
Family Law Week, 21st June 2018
Source: www.familylawweek.co.uk
‘It should not be assumed that making ‘assisted digital support’ (ADS) services available will ensure everyone can engage with an online court system, according to a new report.’
OUT-LAW.com, 12th June 2018
Source: www.out-law.com
‘The Lord Chief Justice has called the ability of computers to use big data to predict outcomes “one of the most exciting developments of the age” and forecast the technology would be used to prevent litigation and promote settlements.’
Legal Futures, 11th June 2018
Source: www.legalfutures.co.uk
‘The Construction Act 1996 turned 20 this month, which means that for the last 20 years the UK’s construction industry has been subject to its statutory adjudication and payment rules. I was just a couple of years out of university 20 years ago, so I’ve never really known a world without these things (something that Lucy Garrett QC noted in her video for Practical Law). I remember doing presentations to clients in the months leading up to May 1998 on the implications of the Act and, in particular, the payment and withholding notices regimes. It seems a long time ago now! Looking back, a lot has happened since May 1998 and I thought that I would highlight just a few aspects of adjudication. Given the volume of case law and the limited space I have here, this is by no means a comprehensive review.’
Practical Law: Construction Blog, 15th May 2018
‘Technology will revolutionise the way we educate, train, and utilise legal expertise, a senior judge has predicted.’
Legal Futures, 10th May 2018
Source: www.legalfutures.co.uk
‘In this lecture, the Chancellor will speak about his vision for the future of lawyers, courts and judges in the coming decades. He will mainly address the business lawyers’ environment, but will touch also on criminal, family and administrative matters. His thesis is that Fintech, Legaltech and Regtech will revolutionise the way we educate, train, and utilise legal expertise, and that whilst some of the changes may be slower than people expect, many will be much faster.’
Courts and Tribunals Judiciary, 9th May 2018
Source: www.judiciary.gov.uk
‘Warring families are to be assigned mediators to stop to stop them fighting over power of attorney for loved ones. A pilot scheme being run by the Office of the Public Guardian will fund professional help for families embroiled in disputes over issues such as inheritances or control of finances.’
Daily Telegraph, 3rd April 2018
Source: www.telegraph.co.uk
‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’
Practical Law: Construction Blog, 24th April 2018
‘City firms have launched a review into dispute resolution for companies wronged by banks, in the wake of the scandal over RBS’s mistreatment of small businesses. UK Finance, the lobby group for 300 British finance companies, has commissioned an independent study to analyse how complaints and disputes can be resolved in a more time and cost effective manner.’
Daily Telegraph, 29th April 2018
Source: www.telegraph.co.uk
‘Two recent judgments illustrate the difficulties that oral contracts can cause in adjudication enforcement proceedings. The first was Jefford J’s judgment in Hart v Ideal and the second (although actually the first in time) was Fraser J’s judgment in Dacy v IDM (which had also been before Jefford J a couple of years earlier).’
Practical Law: Construction Blog, 20th march 2018
‘A well-reasoned judgment by Mr Justice Coulson could put an end to the trend of “smash and grab” adjudications, where the payee pursues the other party for the full amount where no valid payment or pay less notice is served.’
OUT-LAW.com, 1st March 2018
Source: www.out-law.com
‘According to French reports, the new “international chamber” is an attempt to capitalise on Brexit and steal London’s crown as a global hub for lucrative commercial legal disputes.’
BBC News, 28th February 2018
Source: www.bbc.co.uk
‘Lord Briggs at the P.R.I.M.E. Finance conference, The Hague, The Netherlands.’
Supreme Court, 22nd February 2018
Source: www.supremecourt.uk
‘One of the fears relating to adjudication is that a referring party will attempt to achieve success by grinding the responding party down through serial adjudications until it achieves the result it wants or the responding party gives in. In Benfield Construction Ltd v Trudson (Hatton) Ltd, Coulson J issued a clear warning that such an approach would not be condoned, stating.’
Practical Law: Construction Blog, 20th December 2017
‘The Islamic Sharia Council and the Jewish Beth Din provide private, faith-related dispute resolution in a non-legal setting.’
Family Law, 11th December 2017
Source: www.familylaw.co.uk
‘Dominic Raab addressed guests at the Policy Exchange in London for the launch of the Linklaters report ‘The Rule of Law: everyone has a part to play’.’
Ministry of Justice, 7th December 2017
Source: www.gov.uk
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