‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
Full story
Hardwicke Chambers, 10th June 2015
Source: www.hardwicke.co.uk
‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’
Litigation Futures, 27th July 2015
Source: www.litigationfutures.com
‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’
No. 5 Chambers, 6th July 2015
Source: www.no5.com
‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’
Zenith PI, 6th May 2015
Source: www.zenithpi.wordpress.com
Family Arbitration (PDF)
Sir Hugh Bennett
The Inner Temple, 30th March 2015
Source: www.innertemple.org.uk
‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’
OUP Blog, 18th March 2015
Source: www.blog.oup.com
‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’
Full story
BBC News, 17th February 2015
Source: www.bbc.co.uk
‘An arbitrator who failed to disclose his “social and commercial relationships” with one of the parties to a commercial dispute has been removed from the post by a UK court.’
OUT-LAW.com, 13th February 2015
Source: www.out-law.com
‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.
The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’
Judiciary of England and Wales, 28th January 2015
Source: www.judiciary.gov.uk
Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17
‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’
WLR Daily, 15th December 2015
Source: www.iclr.co.uk
‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’
Legal Futures, 16th December 2014
Source: www.legalfutures.co.uk
Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527
‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’
WLR Daily, 8th December 2014
Source: www.iclr.co.uk
Costs, Confusion and Compromise (PDF)
Keynote Address of Mr Justice Foskett
Professional Negligence Lawyers’ Association Annual Conference, 4th December 2014
Source: www.judiciary.gov.uk
‘Annmarie Carvalho, Associate and Family Mediator with Farrer & Co LLP, examines two recent High Court cases which illustrate the court’s powers to ‘encourage’ parties into mediation.’
Family Law Week, 17th November 2014
Source: www.familylawweek.co.uk
‘When the court comes to consider costs and to exercise its discretion under Civil Procedure Rule 44.2, it has regard to all the circumstances, including the conduct of the parties before as well as during the proceedings (CPR 44.2 (4) and (5)).’
Law Society’s Gazette, 17th November 2014
Source: www.lawgazette.co.uk
‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’
OUT-LAW.com, 10th November 2014
Source: www.out-law.com
‘More separating couples will benefit from free mediation from 3 November, Simon Hughes has announced.’
Ministry of Justice, 3rd November 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘”My daughter started school last month and I don’t even know what school she goes to.”
These are the words of a father who has not seen his daughter, now aged four, for two years.’
BBC News, 13th October 2014
Source: www.bbc.co.uk
‘The true sign of a civilised family justice system is to have more people resolve disputes outside the courts, Justice Minister Simon Hughes said today [24 September].’
Ministry of Justice, 24th September 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 12th September 2014
Source: www.iclr.co.uk
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