Off with his head: Recent developments in severability – Hardwicke Chambers

Posted January 17th, 2013 in construction industry, courts, dispute resolution, enforcement, news by sally

“Adjudicators are increasingly called upon to adjudicate upon complex, multi-faceted disputes. It is now well established that ‘a dispute’ can encompass several discrete issues and the TCC has striven to avoid an overly legalistic approach and to apply common sense when deciding whether a claim encompasses ‘a dispute’ or not.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Pub industry adjudicator plans put forward – BBC News

“The government has announced plans for an independent adjudicator in the pub industry to help struggling landlords.”

Full story

BBC News, 8th January 2013

Source: www.bbc.co.uk

Finance and Divorce January Update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 4th January 2013

Source: www.familylawweek.co.uk

DIY divorces set to surge as legal aid vanishes – The Independent

Posted January 7th, 2013 in budgets, dispute resolution, divorce, legal aid, litigants in person, news by sally

“On the eve of ‘D-Day’ – that’s Divorce Day, the first Monday back to work after the festive period, when warring couples are more likely to register for a divorce – lawyers warn that tens of thousands of people could find splitting up harder and more costly this year. And the number of those turning to ‘DIY divorce kits’ is expected to surge.”

Full story

The Independent, 6th January 2012

Source: www.independent.co.uk

Arbitration update: Tang v Grant Thornton – provisions for conciliation or mediation of disputes prior to arbitration or court proceedings examined – Hardwicke Chambers

Posted December 4th, 2012 in arbitration, dispute resolution, enforcement, news by sally

“Tang Chung Wah and others v Grant Thornton and others [2012] EWHC 3198 (Ch)

In Tang, the Honourable Mr Justice Hildyard dismissed a claim under s. 67 of the Arbitration Act 1996 that a final LCIA Award should be found to be of no effect on grounds that the Tribunal had lacked substantive jurisdiction to determine the dispute in question.”

Full story

Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

Family Mediation – The option of first resort for separating couples? – Family Law Week

Posted November 27th, 2012 in arbitration, civil procedure rules, dispute resolution, divorce, families, news by sally

“Amina Somers, a consultant and mediator with Goodman Ray, asks whether the implementation of the Family Justice Review recommendations will see the court usurped by mediation as the primary dispute resolution process following relationship breakdown.”

Full story

Family Law Week, 26th November 2012

Source: www.familylawweek.co.uk

Inside justice: London Rent Assessment Panel – The Guardian

Posted October 31st, 2012 in dispute resolution, landlord & tenant, news, rent, repairs by sally

“Samir Jeraj observes an independent panel settle private rental disputes, including a rare case of a flat with ‘fair rent’ controls.”

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The Guardian, 30th October 2012

Source: www.guardian.co.uk

Lord McNally’s speech for Legal Aid Practitioners Group Conference – Ministry of Justice

Posted October 15th, 2012 in bills, budgets, competition, dispute resolution, legal aid, speeches by tracey

“Lord McNally’s speech for Legal Aid Practitioners Group Conference.”

Full speech

Ministry of Justice, 12th October 2012

Source: www.justice.gov.uk

Separating couples ignorant of dispute resolution options – Law Society’s Gazette

Posted September 24th, 2012 in courts, dispute resolution, divorce, news by sally

“Nearly half of British adults think they have to go to court to get divorced, according to a survey that shows a lack of awareness of non-court options for family law matters.”

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Law Society’s Gazette, 24th September 2012

Source: www.lawgazette.co.uk

Family lawyers face turbulent year ahead – Law Society’s Gazette

“Family law’s commercial and legal landscape is changing dramatically with the legal aid reforms, the continuing impact of the recession, competition from ABSs and potential legislative changes affecting everyone from the richest to the poorest.”

Full story

Law Society’s Gazette, 20th September 2012

Source: www.lawgazette.co.uk

“More consistent” consumer complaints handling promised as part of Ofcom’s review of dispute resolution – OUT-LAW.com

“Changes to the way official alternative dispute resolution (ADR) schemes work will lead to consistent outcomes for consumers making complaints about telephone, mobile or broadband services, Ofcom has announced.”

Full story

OUT-LAW.com, 23rd August 2012

Source: www.out-law.com

Religious no-go area for the courts with their “costly crudities” – UK Human Rights Blog

Posted July 23rd, 2012 in courts, dispute resolution, judiciary, news, trusts by tracey

“Khaira v. Shergill [2012] EWCA Civ 893 – We have become used to the courts getting involved, more or less willingly, in religious issues, not least where religious freedoms conflict with legal rules which are said to be inconsistent with the exercise of those freedoms. But as Adam Wagner pointed out, in an earlier round of this litigation concerning two Sikh places of worship (Gurdwaras), the courts have developed rules stopping themselves from deciding certain cases, not least because the courts recognise they don’t know what they are doing once they get themselves immersed in issues of religious doctrine.”

Full story

UK Human Rights Blog, 22nd July 2012

Source: www.ukhumanrightsblog.com

Absent fathers to be fined up to £500 for missing child support – Daily Telegraph

“Absent fathers will be hit with up to £500 in fines for missing child support payments under tough new rules raising the cost of divorce.”

Full story

Daily Telegraph, 13th July 2012

Source: www.telegraph.co.uk

Employment tribunal fees set to encourage mediation and arbitration – Ministry of Justice

Posted July 13th, 2012 in dispute resolution, employment tribunals, fees, news by sally

“Employment tribunal fees will be tailored to encourage businesses and workers to mediate or settle a dispute rather than go to a full hearing from summer 2013.”

Full story

Ministry of Justice, 13th July 2012

Source: www.justice.gov.uk

Mediation a success in civil justice system – Ministry of Justice

Posted May 23rd, 2012 in civil justice, costs, dispute resolution, news by sally

“Bill Wood, who is the acting Chair of the Civil Mediation Council, talks about the success of mediation in the civil justice system.”

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Ministry of Justice, 23rd May 2012

Source: www.justice.gov.uk

In support of business dispute resolution – Ministry of Justice

Posted May 11th, 2012 in costs, dispute resolution, news by tracey

“Paul Turner, who leads on conciliation and mediation at the Institute of Chartered Accountants in England and Wales, explains why they are supporting the business dispute resolution commitment, part of reforms outlined in ‘Justice for business: supporting business and promoting growth’.”

Full story

Ministry of Justice, 10th May 2012

Source: www.justice.gov.uk

Financial Remedy Cases: Piecing Together The Jigsaw – Family Law Week

Posted April 23rd, 2012 in costs, dispute resolution, divorce, family courts, news, privacy by sally

“An examination of the pros and cons of the available methods for resolving financial remedy cases.”

Full story

Family Law Week, 20th April 2012

Source: www.familylawweek.com

Families ‘hit by legal aid plans’ – BBC News

“Thousands of vulnerable people facing family breakdown could end up without legal representation because of planned changes to legal aid, according to a legal group.”

Full story

BBC News, 21st April 2012

Source: www.bbc.co.uk

Court chaos as hard-up couples try DIY divorce – The Guardian

“The biggest shake-up of divorce in a generation is in danger of creating a two-tier system, with wealthier couples benefitting far more than less well-off couples. The warning comes as a survey of more than 6,500 divorce lawyers found that new guidelines, requiring couples to look at mediation as an alternative to using courts, were largely being ignored.”

Full story

The Guardian, 22nd April 2012

Source: www.guardian.co.uk

Family Mediation: a safe place to have a difficult conversation – Carol Rawlence – Ministry of Justice

Posted April 20th, 2012 in dispute resolution, divorce, news by sally

“I originally came across mediation through Stephen Ruttle QC from Brick Court; he asked me to sit in on mediation and I could immediately see the positive and creative application of mediation for families. Family breakdown is not a legal issue but a relationship issue.”

Full story

Ministry of Justice, 19th April 2012

Source: www.justice.gov.uk