‘A high court ruling has been made in a bitter dispute between branches of the Qatari royal family over a 17th century diamond worth millions of pounds.’
The Independent, 13th February 2025
Source: www.independent.co.uk
‘Section 179 of the Data Protection Act (DPA) 2018 places the Secretary of State under a duty to ensure that a Report is “la[id] before Parliament” on both the “use” and “effectiveness” of “relevant alternative dispute resolution procedures” in cases involving actual or alleged failures by media organisations, other than broadcasters, “to comply with the data protection legislation”. Such a duty applies at the end of a repeating three-year period. The procedures to be reported on are those provided by “persons who produce or enforce codes of practice” for such media organisations and are “alternative” in the sense of being extra-judicial. This duty was proposed after the Independent Press Standards Organisation (IPSO) – the principal self-regulator of the Press – stated (following Government pressure) that it would introduce a ‘compulsory’ arbitration procedure covering data protection.’
UK Constitutional Law Association, 12th February 2025
Source: ukconstitutionallaw.org
‘The master of the rolls was preaching to the converted at the latest LawtechUK event. His message was clear: artificial intelligence is here to stay and the profession should be prepared to embrace it.’
Law Society's Gazette, 9th February 2025
Source: www.lawgazette.co.uk
‘The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.’
Financial Remedies Journal, 6th February 2025
Source: financialremediesjournal.com
‘The Lady Chief Justice has suggested that a new mediation council should be set up for civil and commercial matters to bolster England and Wales’s status as a leading international mediation centre”.’
Legal Futures, 5th February 2025
Source: www.legalfutures.co.uk
‘The Lady Chief Justice gave a lecture on 28 January 2025 to the British Institute of International and Comparative Law. In the lecture, entitled Mediation after the Singapore Convention, Baroness Carr of Walton-on-the-Hill explored how mediation is likely to play an important role in promoting the rule of law domestically and internationally, as is happening with the promotion and development of international commercial courts.’
Courts and Tribunals Judiciary, 29th January 2025
Source: www.judiciary.uk
‘The High Court ordered parties to mediate despite defendant arguments that there was no real chance of success, in a newly published ruling thought to be the first time the court has used its new powers under the amended Civil Procedure Rules.’
Law Society's Gazette, 3rd February 2025
Source: www.lawgazette.co.uk
‘When dealing with the arrangements following separation, sometimes individuals need more than just the advice of a solicitor. Experts are frequently brought in to advise on specialist areas, such as taxation and pensions. The court process is adversarial in nature, and as such can easily become a breeding ground for polarised views and distrust. Expert opinions relied on by one party can be viewed with suspicion by the other, leading to lengthy (and costly) questions about, or submissions in respect of, those opinions. Each person may feel it necessary to seek their own expert advice in the background…double the experts usually means double the costs, reducing the total resources left to be shared.’
Kingsley Napley Family Law Blog, 29th January 2025
Source: www.kingsleynapley.co.uk
‘Melody Hadfield considers the High Court’s decision in Salem v Salem and the enforceability of “reasonable endeavours” clauses.’
27th January 2025
Source: www.4newsquare.com
‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’
Park Square Barristers, 17th December 2024
Source: www.parksquarebarristers.co.uk
‘Few costs lawyers have seen a reduction in disputes between solicitors and their clients despite 2022’s Court of Appeal ruling in Belsner, their representative body has reported.’
Legal Futures, 17th December 2024
Source: www.legalfutures.co.uk
‘Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service. Providing a confidential and streamlined process for those wanting to avoid the delays and potential publicity of a court process, its attraction for clients, other than the additional fees of the arbitrator, are obvious.
However, there are traps that one can fall into, and stumbling blocks we have identified which prevent people from arbitrating, cause difficulties in the process and can add to the cost for clients, which can tarnish the lustre of our proverbial silver bullet.
Here are our lessons learned over the past few years.’
Financial Remedies Journal, 2nd December 2024
Source: financialremediesjournal.com
’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’
39 Essex Chambers, 3rd December 2024
Source: www.39essex.com
‘The pre-action protocol (PAP) for judicial review should be amended to make sure the parties make clear their position on alternative dispute resolution (ADR) at an early stage, a report produced for the Civil Justice Council (CJC) has recommended.’
Local Government Lawyer, 27th November 2024
Source: www.localgovernmentlawyer.co.uk
‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’
Kingsley Napley Immigration Blog, 14th November 2024
Source: www.kingsleynapley.co.uk
‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’
Becket Chambers, 24th September 2024
Source: becket-chambers.co.uk
‘A ruling that a former Conservative MP and a national newspaper must engage in alternative dispute resolution (ADR) before their argument over costs can be heard is a landmark that could herald the start of a new era, the Association of Costs Lawyers (ACL) has said.’
Legal Futures, 16th October 2024
Source: www.legalfutures.co.uk
‘Mediation is a voluntary and confidential process using the services of a mediator, who is a neutral third party who will attempt to facilitate negotiation by the parties of an agreed settlement.’
OUT-LAW.com, 7th October 2024
Source: www.pinsentmasons.com
‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality. In fact, it is expressly intended that the majority of civil, family, and tribunal disputes will be settled or resolved online through the Digital Justice System, in accordance with rules specifically developed by the Online Procedure Rule Committee (OPRC) to cover the online pre-action and action space. It is also notable that such a system of various online private and public portals will have a common data architecture based on the open digital standards developed by OPRC. It is not yet known when this system will become operational, but as we approach such a reality, the potential loss of accountability and democratic deficit needs to be addressed as an extremely urgent threat.’
UK Constitutional Law Association, 3rd October 2024
Source: ukconstitutionallaw.org
‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality.’
UK Constitutional Law Association, 3rd October 2024
Source: ukconstitutionallaw.org
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