To order or not to order compulsory ADR: there is no question – 3PB
‘Earlier this month the Civil Justice Council published a report entitled “Compulsory ADR” (“the Report”).’
3PB, 22nd July 2021
Source: www.3pb.co.uk
Category: dispute resolution
‘Breathing space’ on contractual disputes – Law Society’s Gazette
‘At the start of the first lockdown in March 2020, both the government and the courts made efforts to provide ‘breathing space’ for companies and stem the tide of legal action flowing out of Covid-19’s disruption to business.’
Law Society's Gazette, 26th July 2021
Source: www.lawgazette.co.uk
TCC stays expert determination proceedings – Practical Law: Construction Blog
‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’
Practical Law: Construction Blog, 6th July 2021
Master of the rolls gives green light to mandatory ADR – Law Society’s Gazette
‘Mandatory (alternative) dispute resolution is lawful and should be encouraged, according to the Civil Justice Council’s report on compulsory alternative dispute resolution.’
Law Society's Gazette, 12th July 2021
Source: www.lawgazette.co.uk
Too much of a good thing: serial adjudication, multiple disputes and NEC – Practical Law: Construction Blog
‘Adjudication has now become the default dispute resolution method for construction disputes, to the extent that some parties use it on multiple occasions and for multiple disputes. But that carries its own risks and complexities, as highlighted in the recent decision in Prater Ltd v John Sisk and Son (Holdings) Ltd.’
Practical Law: Construction Blog, 29th June 2021
Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square
‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’
4-5 Gray's Inn Square, 21st June 2021
Source: www.4-5.co.uk
Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems – Courts & Tribunals Judiciary
‘Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems.’
Courts & Tribunals Judiciary, 17th June 2021
Source: www.judiciary.uk
Transport for Greater Manchester v Kier Construction: Notice the little things – Practical Law: Construction Blog
‘Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater Manchester v Kier Construction Ltd shows that we are right to worry about these things. Notices are important, and getting them wrong has serious consequences.’
Practical Law: Construction Blog, 2nd June 2021
Claimants awarded £2,000 damages – and ordered to pay £500,000 interim costs – Law Society’s Gazette
‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’
Law Society's Gazette, 2nd June 2021
Source: www.lawgazette.co.uk
Court of Appeal tells parties: Don’t ignore our suggestion to mediate – Litigation Futures
‘The Court of Appeal has criticised the failure of parties to heed its “strong” encouragement to resolve their dispute by mediation.’
Litigation Futures, 28th May 2021
Source: www.litigationfutures.com
Buckland wants “most accessible justice system in the world” – Litigation Futures
‘Lord Chancellor Robert Buckland declared yesterday that he aims to deliver a justice system across the UK “that is more accessible than any other jurisdiction on this planet”.’
Litigation Futures, 14th May 2021
Source: www.litigationfutures.com
Does the Limitation Act 1980 apply to adjudication? – Practical Law: Construction Blog
‘Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, but does this change the analysis?’
Practical Law: Construction Blog, 30th March 2021
£1 million voucher scheme to help families resolve disputes outside of court – Ministry of Justice
‘Separating parents will be helped to avoid stressful court battles through a new million-pound mediation scheme launched by the government today.’
Ministry of Justice, 26th March 2021
Source: www.gov.uk
Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University – Courts and Tribunals Judiciary
‘Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University. The Relationship between Formal and Informal Justice ‘
Courts and Tribunals Judiciary, 26th March 2021
Source: www.judiciary.uk
The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers
‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:
“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’
39 Essex Chambers, 24th February 2021
Source: www.39essex.com
Documents on CEO’s personal phone should be disclosed, court rules – OUT-LAW.com
‘The terms of a contractual agreement between a CEO and his company mean material held on a personal mobile phone should be disclosed in litigation the company is involved in, the High Court of England has ruled.’
OUT-LAW.com, 8th February 2021
Source: www.pinsentmasons.com
School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers
‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’
Monckton Chambers, 13th January 2021
Source: www.monckton.com
Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers
‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’
Becket Chambers, 5th January 2021
Source: becket-chambers.co.uk
Developments following Ground Developments… or not – Practical Law: Construction Blog
‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’
Practical Law: Construction Blog, 15th December 2020
