“A growing amount of legal work could be ‘de-lawyered’ and provided by organisations that offer a wide range of legal and non-legal services, the strategy director of the Legal Services Board (LSB) has suggested.”
Legal Futures, 4th June 2013
Source: www.legalfutures.co.uk
“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”
Sports Law Bulletin from Blackstone Chambers, 13th May 2013
Source: www.sportslawbulletin.org
“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”
Employment Law Blog, 14th May 2013
Source: www.employment11kbw.com
“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?'”
OUP Blog, 27th April 2013
Source: www.blog.oup.com
“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”
WLR Daily, 17th April 2013
Source: www.iclr.co.uk
“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”
Family Law Week, 5th April 2013
Source: www.familylawweek.co.uk
“Family Mediation Council’s Professional Practice Consultants Conference 2013, speech by Lord McNally, 14th March 2013.”
Ministry of Justice, 14th March 2013
Source: www.justice.gov.uk
“From next month, divorce may get a little less confrontational – and cheaper. Changes to legal aid mean couples who split won’t be funded through the courts, but that could be a good thing, argues mediator Victoria Scott.”
The Guardian, 9th March 2013
Source: www.guardian.co.uk
“Poll shows overwhelming support for missing Madeleine’s father on how Leveson inquiry findings must be enforced.”
The Guardian, 9th February 2013
Source: www.guardian.co.uk
“A cross-party alliance of peers hasinjected new momentum into the stalling cross-party talks on the future of press regulation by passing a law to implement a key plank of the Leveson report.”
The Guardian, 5th February 2013
Source: www.guardian.co.uk
“If you glanced at the front page of The Times for 1 February, with its headline ‘High Court opens way to Sharia divorces’, you could have been forgiven for thinking that the court had made some important pronouncement on the role of Sharia (Islamic law) in divorce proceedings. The story’s first paragraph would also have led you naturally to that conclusion. ‘The prospect of divorce cases being settled by Sharia and religious courts’, it says, ‘has been opened up by landmark legal decision.’ So it would have come as a bit of a jolt to read the start of the next paragraph: ‘A Jewish couple have had their divorce settlement under Beth Din, rabbinical law, approved by the High Court.’ As this indicates, the case (AI v MT [2013] EWHC 100 (Fam)) says nothing whatsoever about Sharia.”
Halsbury’s Law Exchange, 4th February 2013
Source: www.halsburyslawexchange.co.uk
“Frustration in the Lords at the lack of progress over the Leveson report has led four peers to table measures to introduce a low-cost arbitration service for defamation, as recommended by Lord Justice Leveson in the defamation bill.”
The Guardian, 4th February 2013
Source: www.guardian.co.uk
“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”
Hardwicke Chambers, 7th January 2013
Source: www.hardwicke.co.uk
“Lord Justice Leveson’s report recommends that claims against the press be resolved fairly, quickly and cheaply by means of an arbitration scheme established by a new (statutory) regulator.”
The Guardian, 19th December 2012
Source: www.guardian.co.uk
“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.”
Hardwicke Chambers, 28th November 2012
Source: www.hardwicke.co.uk
“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.”
Family Law Week, 26th November 2012
Source: www.familylawweek.co.uk
“The Supreme Court’s equal pay ruling yesterday will lead to ‘billions and billions worth of claims’ Labour’s former lord chancellor has predicted. Lord Falconer … suggested that such claims be mediated rather than leaving them to the ‘vagaries of the legal system’, which he said would be costly and could take years.”
Law Society’s Gazette, 25th October 2012
Source: www.lawgazette.co.uk
“A complaint to the European Commission that the supreme court’s decision in Jivraj v Hashwani breaches European laws against discrimination may have major implications for equality and religious freedom.”
The Guardian, 3rd October 2012
Source: www.guardian.co.uk
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