‘Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture.’
Courts and Tribunals Judiciary, 13th November 2019
Source: www.judiciary.uk
‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’
Practical Law: Construction Blog, 21st October 2019
‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’
Litigation Futures, 22nd October 2019
Source: www.litigationfutures.com
‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’
Family Law, 2nd October 2019
Source: www.familylaw.co.uk
‘Shareholder claims principally consist of unfair prejudice petitions (UPPs), instigated by members on their own behalf, and derivative actions (DAs), brought by the members on behalf of the company. Dinglis v Dinglis [2019] and Tonstate Group Ltd and Ors v Edward Wojakovski [2019] have developed the law surrounding a shareholder’s ability to bring UPPs and DAs. They involve family-run companies, providing cautionary tales for family members who choose not to formalise matters sufficiently.’
Law Society Gazette, 23rd September 2019
Source: www.lawgazette.co.uk
‘There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.’
Litigation Futures, 22nd August 2019
Source: www.litigationfutures.com
‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd v Sylvein Pinto, which dates from earlier in the year but only recently became available. If you are unfamiliar with this judgment, it is certainly a case of “homeowners beware”.’
Practical Law: Construction Blog, 14th August 2019
‘The Legal Ombudsman (LeO) is running a “proof of concept” pilot as it decides whether to introduce formal mediation as another route to settling dispute between lawyers and their clients.’
Legal Futures, 16th August 2019
Source: www.legalfutures.co.uk
‘Defendant insurers have agreed to be bound by the outcome of the alternative dispute resolution (ADR) process being built into the new whiplash system, it has emerged.’
Legal Futures, 13th June 2019
Source: www.legalfutures.co.uk
‘The High Court has rejected a defendant’s request to revise his costs budget upwards, saying that the extra costs came from matters he either should have anticipated or brought on himself.’
Litigation Futures, 12th June 2019
Source: www.litigationfutures.com
‘Picture this scenario. The parties’ contract provides that when there is a dispute, an adjudicator is to be appointed from a panel of three, which the parties have already agreed on. In the alternative, if the parties cannot agree the identity of the three panel adjudicators, they will be nominated by the President of the Chartered Institute of Arbitrators (CIArb) as the adjudicator nominating body (ANB). In the event, the parties fail to agree on who the three should be, and then one of them is unhappy with who the CIArb selects. This scenario played out before Jefford J earlier this year. It was, in effect, a dispute about a dispute, but led to some interesting comments from the judge about adjudicator nomination.’
Practical Law: Construction Blog, 4th June 2019
‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’
Litigation Futures, 31st May 2019
Source: www.litigationfutures.com
‘The likely legal impact of Brexit on English law and the UK’s role in international dispute resolution, has been exaggerated, a Court of Appeal judge said yesterday.’
Litigation Futures, 8th May 2019
Source: www.litigationfutures.com
‘It is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding ongoing contractual negotiations.’
Practical Law: Construction Blog, 8th May 2019
‘Resolving straightforward relationship difficulties between separated parents should not be a matter for judges, the president of the family division has said.’
Law Society's Gazette, 10th April 2019
Source: www.lawgazette.co.uk
‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’
Legal Futures, 12th March 2019
Source: www.legalfutures.co.uk
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