‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’
Family Law Week, 23rd April 2014
Source: www.familylawweek.co.uk
‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’
New Law Journal, 10th April 2014
Source: www.newlawjournal.co.uk
‘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.’
Hardwicke Chambers, 3rd April 2014
Source: www.hardwicke.co.uk
‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’
OUT-LAW.com, 7th April 2014
Source: www.out-law.com
Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147
‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
‘The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of cases seen there and the significant numbers of litigants in person who now make up large numbers of the users of that system.’
Halsbury’s Law Exchange, 12th March 2014
Source: www.halsburyslawexchange.co.uk
‘Man and woman embroiled in years of legal action over children suggested by judge to “sit down around the kitchen table”.’
Daily Telegraph, 19th February 2014
Source: www.telegraph.co.uk
‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’
New Law Journal, 10th February 2014
Source: www.newlawjournal.co.uk
‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’
Halsburys Law Exchange, 10th February 2014
Source: www.halsburyslawexchange.co.uk
‘Separating parents and couples will be helped to avoid stressful court battles under a new law being introduced by the government.’
Ministry of Justice, 7th January 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’
Family Law Week, 2nd January 2014
Source: www.familylawweek.co.uk
‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’
Hardwicke Chambers, 3rd December 2013
Source: www.hardwicke.co.uk
‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’
Family Law Week, 6th December 2013
Source: www.familylawweek.co.uk
Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463
‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’
WLR Daily, 29th November 2013
Source: www.iclr.co.uk
“A wealthy family seems to be ‘tearing itself apart’ in a legal battle which has already cost more than £700,000, a High Court judge has said.”
The Independent, 15th November 2013
Source: www.independent.co.uk
“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”
Hardwicke Chambers, 17th October 2013
Source: www.hardwicke.co.uk
“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”
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11 Stone Buildings, October 2013
Source: www.11sb.com
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“Dozens of centres designed to help couples split up amicably are in danger of closure.”
BBC News, 19th October 2013
Source: www.bbc.co.uk
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