“Grandparents will get new legal powers to guarantee them access to their grandchildren following divorce battles under proposals unveiled today, The Daily Telegraph can disclose.”
Daily Telegraph, 31st March 2011
Source: www.telegraph.co.uk
“Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set up their own niche practices. However, others are embracing change and are among their firms’ top teams in terms of fee income and profitability.”
Law Society’s Gazette, 17th March 2011
Source: www.lawgazette.co.uk
“The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter alia, in a category that was limited by public policy or sought to bind third parties or affected the public at large, so as to limit the scope of the available arbitrations.”
WLR Daily, 2nd December 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“An Indian solar panels manufacturer cannot continue legal action in India because to do so would undermine an earlier English court ruling, the High Court in London has ruled.”
OUT-LAW.com, 10th November 2010
Source: www.out-law.com
“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”
WLR Daily, 4th November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”
WLR Daily, 13th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Minister Jonathan Djanogly has said that more use should be made of mediation as an alternative to using courts in civil and family justice disputes.”
Ministry of Justice, 20th September 2010
Source: www.justice.gov.uk
“To safeguard our rights there must be one law for all and no religious courts.”
The Guardian, 5th July 2010
Source: www.guardian.co.uk
Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129
“An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. An application for an extension of time to serve the defence was not a step in the proceedings to answer the substantive claim and the defendant was not debarred from seeking a stay by s 9(3) of the Act.”
WLR Daily, 19th May 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Educating future mediators – speech by Lord Neuberger at the Fourth Civil Mediation Council National Conference on 11th May 2010.”
Judiciary of England and Wales, 11th May 2010
Source: www.judiciary.gov.uk
“Mayor of London Boris Johnson is considering legal action after it was ruled Underground maintenance firm Tube Lines’ costs should be £4.46bn.”
BBC News, 10th March 2010
Source: www.bbc.co.uk
Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66; [2010] WLR (D) 34
“Where the court had found that there was a valid contract governed by English law to conduct arbitration of disputes in England, it would be inappropriate for one party to the contract to seek a foreign court to declare that there was no such agreement and the English Court could restrain that party who had submitted to the jurisdiction of English court from instituting or continuing the action in the foreign court contrary to the arbitration agreement.”
WLR Daily, 11th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“An expert panel will examine reform of the current family justice system in England and Wales so that it better supports children and parents under a wide-ranging review announced by the Ministry of Justice today.”
Ministry of Justice, 20th January 2010
Source: www.justice.gov.uk
National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36
“An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the same limitation period of six years under s 7 of the Limitation Act 1980 as an ordinary action on the award.”
WLR Daily, 14th December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“International arbitration has ‘lost its way’, the former lord chief justice Lord Woolf (pictured) told the Gazette this week, as he launched a set of guidelines which will build mediation into the arbitration process.”
Law Society’s Gazette, 3rd December 2009
Source: www.lawgazette.co.uk
“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”
WLR Daily, 21st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236
“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”
WLR Daily, 10th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Some of England’s biggest football clubs have become the first companies to band together to win case under the best-known arbitration system for domain name disputes.”
OUT-LAW.com, 19th May 2009
Source: www.out-law.com
“Dignitaries representing the British and Indian legal professions gathered in New Delhi this weekend to mark the latest step in the opening of the prized Indian legal services market to foreign law firms.”
The Times, 20th April 2009
Source: www.timesonline.co.uk
EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114
“The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be determined by arbitration.”
WLR Daily, 1st April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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