‘Companies in liquidation can theoretically refer claims to an adjudicator under construction law but it would be a futile exercise as the decision could not be enforced in most cases, the Court of Appeal in England has ruled.’
OUT-LAW.com, 4th February 2019
Source: www.out-law.com
‘It was only published at the end of last week, so I’m not sure if you’ve had chance to look at Coulson LJ’s judgment in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd. If not, then you should. It contains some important stuff about liquidation and CVAs, and when it is appropriate (and possible) to adjudicate if the referring party is subject to one of those processes.’
Practical Law: Construction Blog, 30th January 2019
‘The case was about the meaning of the Equality Act 2010, s 120(7), which removes from the jurisdiction of the employment tribunal any decision which is “subject to an appeal or proceedings in the nature of an appeal”.’
UKSC Blog, 29th January 2019
Source: ukscblog.com
‘Time for some more speculation about the future which awaits us after 29 March. The topic this time is jurisdiction.’
Competition Bulletin, 22nd January 2010
Source: competitionbulletin.com
‘Joseph Rainer, barrister, Queen Elizabeth Building examines the use of the Thwaite jurisdiction in relation to the court’s power to revisit financial remedy orders by analysing the relevant case law and using some fictitious practical case studies.’
Family Law Week, 16th January 2019
Source: www.familylawweek.co.uk
‘City firm Macfarlanes ‘hampered’ the court by failing to provide a clear breakdown of costs, a judge has ruled in the latest development of a billion-pound battle for control of a global fishing company.’
Law Society's Gazette, 17th December 2018
Source: www.lawgazette.co.uk
‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’
4 New Square, 19th November 2018
Source: www.4newsquare.com
‘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.’
4 New Square, 22nd November 2018
Source: www.4newsquare.com
‘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.’
4 New Square, 12th November 2018
Source: www.4newsquare.com
‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’
4 New Square, 16th November 2018
Source: www.4newsquare.com
‘The gender pay gap (GPG) is not just a UK-centric issue, and understanding the international picture is becoming essential for multinational employers.’
OUT-LAW.com, 5th December 2018
Source: www.out-law.com
‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’
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, 30th November 2018
Source: www.judiciary.uk
‘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.’
Litigation Futures, 15th November 2018
Source: www.litigationfutures.com
‘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.’
Nearly Legal, 8th November 2018
Source: nearlylegal.co.uk
‘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.’
OUT-LAW.com, 6th November 2018
Source: www.out-law.com
‘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.’
Tanfield Chambers, 5th October 201
Source: www.tanfieldchambers.co.uk
‘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.’
Tanfield Chambers, 5th October 2018
Source: www.tanfieldchambers.co.uk
‘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.’
OUT-LAW.com, 30th October 2018
Source: www.out-law.com
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