A Comparative Perspective to Hybrid Dispute Resolution Fora: Jurisdiction, Applicable Law and Enforcement of Judgments – 4 New Square

Posted December 12th, 2018 in courts, dispute resolution, enforcement, international courts, jurisdiction, news by sally

‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’

Full Story

4 New Square, 19th November 2018

Source: www.4newsquare.com

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

Full Story

4 New Square, 22nd November 2018

Source: www.4newsquare.com

UK Arbitration Act: Time for a revamp? – 4 New Square

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

Full Story

4 New Square, 12th November 2018

Source: www.4newsquare.com

Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us? – 4 New Square

Posted December 11th, 2018 in brexit, EC law, jurisdiction, news by sally

‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’

Full Story

4 New Square, 16th November 2018

Source: www.4newsquare.com

Gender pay gap reporting: the international perspective – OUT-LAW.com

Posted December 5th, 2018 in conflict of laws, equality, gender, jurisdiction, news, remuneration, statistics, women by sally

‘The gender pay gap (GPG) is not just a UK-centric issue, and understanding the international picture is becoming essential for multinational employers.’

Full Story

OUT-LAW.com, 5th December 2018

Source: www.out-law.com

Lawyers join forces to hold first London disputes week – Litigation Futures

Posted December 3rd, 2018 in brexit, courts, dispute resolution, international law, jurisdiction, London, news by tracey

‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’

Full Story

Litigation Futures, 3rd December 2018

Source: www.litigationfutures.com

Speech by Lord Chancellor of the High Court: The City UK Launch – Courts and Tribunals Judiciary

‘Speech by Lord Chancellor of the High Court: The City UK Launch.’

Full speech

Courts and Tribunals Judiciary, 30th November 2018

Source: www.judiciary.uk

Court of Appeal clears way for Mastercard hearing – Litigation Futures

Posted November 15th, 2018 in appeals, banking, class actions, EC law, fees, judicial review, jurisdiction, news by tracey

‘The Court of Appeal has ruled that it has jurisdiction to hear an appeal against the decision that stopped the massive £14bn Mastercard class action – the biggest opt-out claim in English legal history.’

Full Story

Litigation Futures, 15th November 2018

Source: www.litigationfutures.com

Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal

Posted November 12th, 2018 in fees, jurisdiction, leases, news, service charges by tracey

‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’

Full Story

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Electronic Communication Code: Tribunal clarifies its jurisdiction – OUT-LAW.com

‘Claims for compensation made under the old Electronic Communications Code (ECC) in the UK cannot be brought before a tribunal tasked with resolving disputes under the new ECC, the tribunal has confirmed.’

Full Story

OUT-LAW.com, 6th November 2018

Source: www.out-law.com

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

Full Story

Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

Full Story

Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

AI will prompt new contract law, says Supreme Court judge – OUT-LAW.com

‘Contract law will need to be updated, and new civil liability rules considered, to account for the use of artificial intelligence (AI) in financial services, a senior UK judge has said.’

Full Story

OUT-LAW.com, 30th October 2018

Source: www.out-law.com

Court rules on whistleblowing protections for overseas workers – OUT-LAW.com

‘A recent judgment by the Court of Appeal provides important guidance on the territorial jurisdiction of the UK employment tribunals, particularly on the extent of statutory whistleblower protections for workers, an expert has said.’

Full Story

OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International – UK Constitutional Law Association

‘Lee v Ashers Baking Company Ltd [2018] UKSC 49 (“gay cake”case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights or equality perspective, but from an administrative law perspective too. This is because the case contains a judgment, delivered by Lord Mance, which offers the unanimous court’s view on the meaning of a finality clause contained in the County Courts (Northern Ireland) Order 1980.’

Full Story

UK Constitutional Law Association, 23rd October 2018

Source: ukconstitutionallaw.org

High Court upholds suspension of barrister who stole purse – Legal Futures

‘The High Court has upheld the year-long suspension of a barrister who was captured on CCTV stealing a purse in a Cardiff night club.’

Full Story

Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association

‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’

Full Story

UK Constitutional Law Association, 18th October 2018

Source: ukconstitutionallaw.org

Adjudicator’s chicken and egg jurisdictional dilemma – Practical Law: Construction Blog

Posted October 5th, 2018 in building law, contracts, dispute resolution, jurisdiction, news by tracey

‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’

Full Story

Practical Law: Construction Blog, 2nd October 2018

Source: constructionblog.practicallaw.com

High Court: Judge has no power to order solicitor to hand over client file – Litigation Futures

‘Judges do not have power to order a solicitor to give a former client copies of documents which are the property of the solicitor, the High Court has ruled.’

Full Story

Litigation Futures, 1st October 2018

Source: www.litigationfutures.com

Law Commission consults on employment law hearings to tackle jurisdiction issues – Local Government Lawyer

Posted October 1st, 2018 in consultations, employment tribunals, jurisdiction, Law Commission, news by sally

‘The Law Commission has launched a consultation on how employment law disputes are decided, in a bid to resolve problems caused by the allocation of jurisdiction.’

Full Story

Local Government Lawyer, 28th September 2018

Source: www.localgovernmentlawyer.co.uk