Is London still ahead of the game? – Counsel

‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’

Full story

Counsel, July 2016

Source: www.counselmagazine.co.uk

Speech by Lady Justice Arden DBE: Is Commercial Arbitration the Future of Commercial Justice? – Courts and Tribunals Judiciary

‘Is Commercial Arbitration the Future of Commercial Justice?’

Full speech

Courts and Tribunals Judiciary,  5th July 2016

Source: www.judiciary.gov.uk

Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

Full story

Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

Full story

Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

Full story

The Independent, 20th June 2016

Source: www.independent.co.uk

Civil Justice Council decides against new housing court – Litigation Futures

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

Full story

Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures

‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’

Full story

Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

Susskind: online court is just the beginning – Law Society’s Gazette

‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’

Full story

Law Society’s Gazette, 9th April 2016

Source: www.lawgazette.co.uk

English law will remain ‘gold standard’ despite impact on case law caused by confidential arbitrations, says expert – OUT-LAW.com

‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’

Full story

OUT-LAW.com, 4th April 2016

Source: www.out-law.com

Unwritten Rules – large families in ToLATA cases – Family Law week

Posted January 18th, 2016 in dispute resolution, families, family courts, housing, news by tracey

‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’

Full story

Family Law Week, 15th January 2016

Source: www.familylawweek.co.uk

Finance and Divorce Update January 2016 – 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 December 2015.’

Full story

Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

English courts will extend arbitration clauses to widest possible range of disputes, expert says – OUT-LAW.com

Posted December 15th, 2015 in arbitration, dispute resolution, news by sally

‘A contract’s arbitration clause should be extended to apply to a claim not directly covered by that contract, the High Court has ruled. The claim was brought by Russian businessmen against their former partners in the redevelopment of a Moscow hotel.’

Full story

OUT-LAW.com, 15th December 2015

Source: www.out-law.com

Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’

Full story

OUT-LAW.com, 11th December 2015

Source: www.out-law.com

Arbitration in landlord and tenant disputes – Tanfield Chambers

‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’

Full story

Tanfield Chambers, 30th November 2015

Source: www.tanfieldchambers.co.uk

Court of Appeal: employer may challenge the amount due under a builder’s final account despite his failure to serve a pay less notice – OUT-LAW.com

Posted December 4th, 2015 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Failure to serve a payment or pay less notice does not prevent an employer from disputing his building contractor’s final account in adjudication proceedings, even where the contractor has already obtained an adjudicator’s decision in his favour, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 3rd December 2015

Source: www.out-law.com

Resolving disputes over arbitration jurisdiction ‘good case management’ by English courts, experts say – OUT-LAW.com

‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of dispute resolution.’

Full story

OUT-LAW.com, 1st December 2015

Source: www.out-law.com

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.’

Full story

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.’

Full story

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”.’

Full story

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’

Full story

Legal Week, 6th November 2015

Source: www.legalweek.co.uk