‘Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.’
Family Law Week, 11th January 2018
Source: www.familylawweek.co.uk
‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’
Hardwicke Chambers, 15th November 2018
Source: hardwicke.co.uk
‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’
4 New Square, 19th November 2018
Source: www.4newsquare.com
‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’
4 New Square, 22nd November 2018
Source: www.4newsquare.com
‘The Civil Justice Council (CJC) has called for a ‘notice to mediate’ system used in Canada to be considered as the first step towards a more “automatic” system of alternative dispute resolution (ADR).’
Litigation Futures, 5th December 2018
Source: www.litigationfutures.com
‘A working group of the Civil Justice Council (CJC) has published a report making recommendations for Alternative Dispute Resolution – ways of resolving certain disputes that don’t involve going to court.’
Courts and Tribunals Judiciary, 4th December 2018
Source: www.judiciary.gov
‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’
Litigation Futures, 3rd December 2018
Source: www.litigationfutures.com
‘Speech by Lord Chancellor of the High Court: The City UK Launch.’
Courts and Tribunals Judiciary, 30th November 2018
Source: www.judiciary.uk
‘Earlier this year, Fraser J gave a significant judgment in which he: confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision; developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. This post focuses on, and analyses in further detail, Fraser J’s so-called “principle (g)”.’
Practical Law: Construction Blog, 28th November 2018
‘Claims for compensation made under the old Electronic Communications Code (ECC) in the UK cannot be brought before a tribunal tasked with resolving disputes under the new ECC, the tribunal has confirmed.’
OUT-LAW.com, 6th November 2018
Source: www.out-law.com
‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’
New Law Journal, 1st November 2018
Source: www.newlawjournal.co.uk
‘More Ryanair passengers have taken compensation claims for cancellations or delays to arbitration this year than any other airline, figures show.’
BBC News, 2nd November 2018
Source: www.bbc.co.uk
‘There is a sense of irony, perhaps even comedy, in a situation that sees government Ministers looking to make the process of divorce simpler – at the very time they’re struggling to come to terms with Brexit: the most complex divorce that UK policy makers have ever faced.’
Family Law, 31st October 2018
Source: www.familylaw.co.uk
‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’
Practical Law: Construction Blog, 2nd October 2018
‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’
Family Law Week, 2nd October 2018
Source: www.familylawweek.co.uk
‘The Pensions Ombudsman is planning to overhaul the way it handles pensions disputes over the coming year, it has said.’
OUT-LAW.com, 24th August 2018
Source: www.out-law.com
‘For the first time in quite a while I am in the enviable position of having more than one adjudication enforcement case to choose to write about this week. In the end I plumped for Beach Homes v Hazell and Hazell as it raises some interesting points about bespoke dispute resolution clauses. It is a judgment of Mr Jonathan Acton Davis QC, one of the army of Deputy High Court judges currently sitting in the TCC.’
Practical Law: Construction Blog, 7th August 2018
‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’
Family Law, 30th July 2018
Source: www.familylaw.co.uk
‘Video hearings will not supplant face-to-face hearings in the majority of cases before the courts, even after their use is expanded, the deputy director of HM Courts and Tribunals Service (HMCTS) has predicted.’
Legal Futures, 31st July 2018
Source: www.legalfutures.co.uk
‘Law and Political Science Professor Cary Coglianese from the University of Pennsylvania, and David Lehr, a research affiliate at the Penn Program on Regulation and a student at Yale Law School, join Rosalind English to speculate on how algorithms and artificial intelligence will impact on regulation and adjudication now and in the future.’
Law Pod UK, 27th July 2018
Source: audioboom.com
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