Category: dispute resolution

The risks – and costs – of choosing not to mediate – Hardwicke Chambers

Posted August 7th, 2014 in costs, dispute resolution, news by sally

‘Mediation is a flexible, and generally cost effective way of resolving disputes outside of the courtroom. Although mediation is growing in popularity, particularly in run-of-the-mill commercial disputes, there are still instances where the parties, given the option to mediate, choose to litigate. Such a choice comes with a high degree of risk, as emphasised by a recent decision of the High Court in Manchester – Garritt-Critchley v Ronnan [2014] EWHC 1774 (Ch).’

Full story

Hardwicke Chambers, 18th July 2014

Source: www.hardwicke.co.uk

Fair or foul: sport and the law – Henderson Chambers

Posted August 7th, 2014 in dispute resolution, drug abuse, duty of care, negligence, news, personal injuries, sport, tribunals by sally

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

Full story (PDF)

Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

End of the line for mediation? – New Law Journal

Posted August 1st, 2014 in budgets, dispute resolution, families, legal services, news by sally

‘Family mediation services are in decline & in need of urgent reform, says Graham Lyons.’

Full story

New Law Journal, 31st July 2014

Source: www.newlawjournal.co.uk

Legal aid cuts have left family courts ‘at breaking point’ – The Guardian

Posted July 30th, 2014 in children, dispute resolution, divorce, family courts, judiciary, legal aid, news, solicitors by sally

‘The family courts system is at breaking point due to delays caused by unrepresented litigants and overstretched judges, according to the body that represents lawyers and professionals in divorce hearings.’

Full story

The Guardian, 29th July 2014

Source: www.guardian.co.uk

Children will be seen and heard in Family Courts – Ministry of Justice

Posted July 25th, 2014 in children, dispute resolution, family courts, press releases by tracey

‘Children will be given a greater voice in the family justice system so they can tell judges how they feel and what they think about the family disputes they are involved in.’

Full press release

Ministry of Justice, 25th July 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

Posted July 14th, 2014 in appeals, competition, contracts, dispute resolution, EC law, news, Supreme Court, telecommunications, tribunals by sally

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th July 2014

Source: www.out-law.com

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 8th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, tribunals by tracey

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

New laws needed for tug-of-love dogs, says divorce expert – The Independent

Posted June 30th, 2014 in custody, dispute resolution, divorce, dogs, news by sally

‘For centuries, the dog has held the title of man’s best friend, but what happens when the same animal is also the woman’s best friend? A legal academic has called for the UK to revolutionise the way in which pets are treated in divorce custody battles.’

Full story

The Independent, 29th June 2014

Source: www.independent.co.uk

High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

Posted June 23rd, 2014 in arbitration, contracts, dispute resolution, drafting, interpretation, jurisdiction, news by sally

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

Full story

OUT-LAW.com, 20th June 2014

Source: www.out-law.com

Mediation and government – Ministry of Justice

Posted June 20th, 2014 in dispute resolution, government departments, speeches by tracey

‘Lord Faulks QC’s keynote speech at the Civil Mediation Conference on 22 May 2014.’

Full speech

Ministry of Justice, 19th June 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Supreme Court to rule on status of Sikh ‘saint’ – The Independent

Posted June 9th, 2014 in appeals, civil justice, dispute resolution, human rights, jurisdiction, news, religious discrimination, Sikhism, Supreme Court by sally

‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’

Full story

The Independent, 8th June 2014

Source: www.independent.co.uk

The Jackson Reforms: One year on – Falcon Chambers

Posted June 6th, 2014 in budgets, case management, civil procedure rules, costs, disclosure, dispute resolution, news, proportionality, time limits by sally

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

Can you really divorce online for £37? – Daily Telegraph

Posted June 4th, 2014 in children, consent orders, costs, dispute resolution, divorce, documents, fees, financial dispute resolution, internet, news, solicitors by sally

‘Filing the papers can be cheap, but to ensure you get the outcome you want you will probably have to spend more.’

Full story

Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

Leading judges in damning attack on civil aid cuts – Law Society’s Gazette

Posted May 15th, 2014 in civil justice, consultations, delay, dispute resolution, judiciary, legal aid, litigants in person, news by tracey

‘Senior judges have launched their most scathing attack yet on the government’s cuts to civil legal aid. In written evidence responding to the government’s consultation on the first year of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, the Judicial Executive Board said courts have faced an ‘unprecedented increase’ in numbers of litigants in person (LiPs).’

Full story

Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

Cuts will not damage family justice, says Munby – Law Society’s Gazette

Posted May 6th, 2014 in civil justice, cohabitation, dispute resolution, divorce, family courts, legal aid, news by tracey

‘Legal aid cuts will not undermine family justice, the head of the Family Division insisted last week as he mooted plans for judge-free divorces and greater legal rights for separating cohabitees.’

Full story

Law Society’s Gazette, 5th May 2014

Source: www.lawgazette.co.uk

Couples should be able to divorce without going to court, says top judge – The Guardian

Posted April 30th, 2014 in cohabitation, courts, dispute resolution, divorce, judiciary, married persons, news by sally

‘Couples agreeing to divorce by consent should be able to arrange their own separations with a trip to the registrar rather than having to go to court, the most senior family judge in England and Wales says.’

Full story

The Guardian, 29th April 2014

Source: www.guardian.co.uk

The Child Arrangements Programme 2014: The Key Provisions – Family Law week

Posted April 24th, 2014 in arbitration, case management, children, contact orders, dispute resolution, legislation, news, residence orders by tracey

‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’

Full story

Family Law Week, 23rd April 2014

Source: www.familylawweek.co.uk

Early learning – New Law Journal

Posted April 10th, 2014 in arbitration, dispute resolution, employment, news, regulations, time limits by sally

‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’

Full story

New Law Journal, 10th April 2014

Source: www.newlawjournal.co.uk

Expert determination: Hidden pitfalls – Hardwicke Chambers

Posted April 8th, 2014 in construction industry, contracts, dispute resolution, expert witnesses, news, planning by sally

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

Full story

Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.co.uk