Solicitors and consumers split over widening ombudsman’s remit to unregulated providers – Legal Futures

Posted October 3rd, 2013 in dispute resolution, Law Society, legal ombudsman, legal profession, news by sally

“Solicitors and consumer representatives have come out on opposite sides of the Legal Ombudsman’s (LeO) proposal to extend its remit to the estimated 130,000 unregulated legal services providers operating in England and Wales.”

Full story

Legal Futures, 2nd October 2013

Source: www.legalfutures.co.uk

Binns and another v Firstplus Financial Group plc – WLR Daily

Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361

“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Mediation services hit by legal aid cuts, Ministry of Justice figures reveal – The Guardian

“Government attempts to promote mediation as an alternative to expensive courtroom divorce and custody battles are failing, according to figures obtained through freedom of information requests.”

Full story

The Guardian, 30th September 2013

Source: www.guardian.co.uk

MoJ proposes online scheme for asbestos victims – Law Society’s Gazette

“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 24th July 2013

Source: www.lawgazette.co.uk

Solicitor “not in breach of duties” by failing to facilitate binding mediation agreement – OUT-LAW.com

Posted June 24th, 2013 in appeals, dispute resolution, negligence, news, solicitors by sally

“A solicitor cannot be held responsible if parties to mediation do not immediately reach a final binding agreement, the Court of Appeal has confirmed.”

Full story

OUT-LAW.com, 24th June 2013

Source: www.out-law.com

Lessons from eBay, cases without hearings and a divided profession: Neuberger assesses the law – Litigation Futures

“The court system ‘may well have something to learn from online dispute resolution on eBay and elsewhere’, the president of the Supreme Court has suggested.”

Full story

Litigation Futures, 19th June 2013

Source: www.litigationfutures.com

Finance and Divorce update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May.”

Full story

Family Law Week, 7th June 2013

Source: www.familylawweek.co.uk

Record rise in child custody cases before legal aid cuts – The Independent

Posted June 12th, 2013 in children, custody, dispute resolution, divorce, legal aid, news, statistics by sally

“A record number of child-custody cases were fought in court last month, in what experts believe may be a rush before cuts to legal aid start to bite.”

Full story

The Independent, 11th June 2013

Source: www.independent.co.uk

New employment tribunal procedural rules published – OUT-LAW.com

“Fees will be introduced for workers wishing to raise a claim in the Employment Tribunal from 29 July 2013. Procedural rules governing the process will also change from that date.”

Full story

OUT-LAW.com, 5th June 2013

Source: www.out-law.com

Growing amount of legal work can be “de-lawyered”, says LSB director – Legal Futures

“A growing amount of legal work could be ‘de-lawyered’ and provided by organisations that offer a wide range of legal and non-legal services, the strategy director of the Legal Services Board (LSB) has suggested.”

Full story

Legal Futures, 4th June 2013

Source: www.legalfutures.co.uk

Lawyers warn privatisation of courts could damage City’s status as disputes centre – Legal Week

Posted May 31st, 2013 in courts, dispute resolution, legal profession, London, news by sally

“City lawyers have warned that London’s status as an international litigation centre will come under threat should the Government push ahead with proposals to privatise the courts service.”

Full story

Legal Week, 31st May 2013

Source: www.legalweek.com

Obtaining cost orders against solicitors – 4 New Square

“Dispute Resolution analysis: When can solicitors who failed to obtain ATE insurance, become parties
to the litigation for the purpose of cost orders? Stephen Innes, barrister at 4 New Square Chambers
looks at the Court of Appeal’s decision in Heron v TNT.”

Full story (PDF)

4 New Square, 14th May 2013

Source: www.4newsquare.com

Legal aid cuts risks damaging civilised society, warns senor judge – Daily Telegraph

Posted May 10th, 2013 in barristers, civil justice, dispute resolution, judges, legal aid, news by sally

“Cuts to legal aid risk damaging the ‘essence of civilised society’ the country’s highest judge warned as he said everyone should have access to justice.”

Full story

Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

Mediation and alternative dispute resolution – OUP Blog

“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?'”

Full story

OUP Blog, 27th April 2013

Source: www.blog.oup.com

Groceries Code Adjudicator Act 2013 – legislation.gov.uk

Posted April 26th, 2013 in arbitration, codes of practice, dispute resolution, legislation by tracey

Full text of Act

Source: www.legislation.gov.uk

‘Unbundling’ the new craze as lawyer-backed family mediation service launches – Legal Futures

Posted March 18th, 2013 in dispute resolution, divorce, fees, legal aid, legal representation, news by sally

“A lawyer-backed service that supports divorcing couples during mediation, charging fixed fees to halve the cost, is being billed as a possible lifeline for family legal aid lawyers after 1 April.”

Full story

Legal Futures, 18th March 2013

Source: www.legalfutures.co.uk

Family Mediation Council’s Professional Practice Consultants Conference 2013 – Speech by Lord McNally

Posted March 15th, 2013 in arbitration, dispute resolution, families, legal profession, speeches by tracey

“Family Mediation Council’s Professional Practice Consultants Conference 2013, speech by Lord McNally, 14th March 2013.”

Full speech

Ministry of Justice, 14th March 2013

Source: www.justice.gov.uk

Figures show divorce hot spots – Ministry of Justice

Posted February 22nd, 2013 in dispute resolution, divorce, news, statistics by sally

Separating couples are being urged to use mediation instead of ending up in courtroom battles after a list of England and Wales divorce hot spots was revealed.

Full story

Ministry of Justice, 20th February 2013

Source: www.justice.gov.uk

Bill forcing papers to seek pre-publication approval is ‘flawed’ – The Guardian

Posted February 22nd, 2013 in bills, damages, defamation, dispute resolution, freedom of expression, media, news, privacy by sally

“Proposals for a new law which would require newspaper editors to seek regulatory approval for certain types of stories are flawed and should be abandoned, a number of peers have said.”

Full story

The Guardian, 22nd February 2013

Source: www.guardian.co.uk

Divorcing couples often hide assets, survey suggests – BBC News

Posted February 22nd, 2013 in disclosure, dispute resolution, divorce, news, penalties by sally

“Many people going through divorce could be hiding their wealth from their partners, a survey suggests.”

Full story

BBC News, 22nd February 2013

Source: www.bbc.co.uk