‘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?’
Tanfield Chambers, 30th November 2015
Source: www.tanfieldchambers.co.uk
‘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.’
OUT-LAW.com, 3rd December 2015
Source: www.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.’
OUT-LAW.com, 1st December 2015
Source: www.out-law.com
‘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.’
Law Society’s Gazette, 24th November 2015
Source: www.lawgazette.co.uk
‘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.’
Legal Futures, 24th November 2015
Source: www.legalfutures.co.uk
‘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”.’
Litigation Futures, 13th November 2015
Source: www.litigationfutures.com
‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’
Legal Week, 6th November 2015
Source: www.legalweek.co.uk
‘Further civil court fee increases could force international businesses to take their legal work outside the UK, City lawyers have warned.’
Law Society’s Gazette, 29th September 2015
Source: www.lawgazette.co.uk
‘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.’
Halsbury’s Law Exchange, 18th September 2015
Source: www.halsburyslawexchange.co.uk
‘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.’
OUT-LAW.com, 14th September 2015
Source: www.out-law.com
‘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.’
Family Law Week, 13th September 2014
Source: www.familylawweek.co.uk
‘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.’
Legal Futures, 8th September 2015
Source: www.legalfutures.co.uk
‘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.’
Family Law Week, 15th August 2015
Source: www.familylawweek.co.uk
‘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.’
Law Society’s Gazette, 24th August 2015
Source: www.lawgazette.co.uk
‘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!’
Full story
Hardwicke Chambers, 10th June 2015
Source: www.hardwicke.co.uk
‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’
Zenith PI, 13th July 2015
Source: www.zenithpi.wordpress.com
‘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.’
BBC News, 9th July 2015
Source: www.bbc.co.uk
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
‘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.’
OUT-LAW.com, 17th June 2015
Source: www.out-law.com
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