Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute – Litigation Futures

Posted August 16th, 2017 in appeals, costs, dispute resolution, indemnities, judges, news, part 36 offers, utilities by sally

‘The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”.’

Full Story

Litigation Futures, 15th August 2017

Source: www.litigationfutures.com

LegalUK: The strength of English law and the UK jurisdiction – Courts and Tribunals Judiciary

Posted August 11th, 2017 in choice of forum, dispute resolution, enforcement, jurisdiction, news by tracey

‘The Lord Chief Justice and the Chancellor of the High Court have recently spoken about the need to counter misperceptions surrounding the certainty of litigating, arbitrating or otherwise resolving disputes in the UK. This booklet emphasises the unique strengths of English law and the high quality of dispute resolution services in the United Kingdom.’

Full booklet

Courts and Tribunals Judiciary, 4th August 2017

Source: www.judiciary.gov.uk

Litigators evenly split on impact of Brexit – Litigation Futures

‘Litigation lawyers in London are fairly evenly split on whether Brexit will lead to a “significant flight of work” to other jurisdictions, a survey has found.’

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Litigation Futures, 31st July 2017

Source: www.litigationfutures.com

Judge who heard Charlie Gard case urges greater use of mediation – Local Government Lawyer

‘Mediation should be tried in all cases such as the recent dispute between Great Ormond Street Hospital and the parents of Charlie Gard, the High Court judge who heard the case has said.’

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Local Government Lawyer,25th July 2017

Source: www.localgovernmentlawyer.co.uk

Spending on Online Court “should be halted”, says leading academic – Legal Futures

Posted July 10th, 2017 in courts, dispute resolution, internet, news by sally

‘No further public money should be spent on the Online Court until the performance of the newly-expanded online tribunal in British Columbia – which went live for small claims last month – has been assessed, according to veteran justice campaigner Professor Roger Smith.’

Full Story

Legal Futures, 7th July 2017

Source: www.legalfutures.co.uk

Nicholas Goodfellow on Challenging the Enforcement of Foreign Arbitral Awards – Littleton Chambers

‘The Commercial Court has recently considered the principles relating to the refusal to enforce a foreign arbitral award on grounds of fraud: Stati and others v The Republic of Kazakhstan [2017] EWHC 1348 (Comm), a decision of Knowles J, writes Nicholas Goodfellow.’

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Littleton Chambers, 19th June 2017

Source: www.littletonchambers.com

Dispute Resolution Post-Exit – Henderson Chambers

‘Both sides to the negotiations have already taken positions on the mechanisms for dispute settlement under the arrangements for the UK’s withdrawal from, and its future relationship with, the EU. As with other aspects of the negotiations, we have to hope that more flexibility will be shown on this issue, once the hard bargaining begins, than has seemed evident in the preparatory stage.’

Full Story

Henderson Chambers, 24th June 2017

Source: www.hendersonchambers.co.uk

“Quick and dirty” online justice better than no justice, says Neuberger as he laments legal aid policy failure – Legal Futures

‘“Quick and dirty” online dispute resolution (ODR) is better than “no justice or absurdly over-priced justice”, the president of the Supreme Court has said in a wide-ranging speech that included a devastating critique of legal aid policy over the past two decades.’

Full Story

Legal Futures, 5th July 2017

Source: www.legalfutures.co.uk

Mediation decline may be due to legal aid cuts, government admits – Law Society’s Gazette

Posted June 30th, 2017 in dispute resolution, families, legal aid, news by tracey

‘An increasing lack of opportunities for contact between clients and law firms brought on by controversial legal aid cuts may have driven the steep decline in the number of family mediation cases, the government has admitted.’

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Law Society's Gazette, 30th June 2017

Source: www.lawgazette.co.uk

FHDRAs: what should and shouldn’t happen – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

Full Story

Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

The Unassailable Business Case by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, employment, news by sally

‘I am going to stick my neck out and suggest that workplace mediation offers perhaps the largest untapped opportunity for cost-cutting and improving profitability in business in the UK today. The many benefits of a mediation culture, including lower levels of conflict, improved morale, improved staff retention and even improved relations with suppliers and customers are really important and are a big part of that business case, but are outside the scope of this article. I am going to focus here just on the cost savings in terms of management and HR time.’

Full story

Littleton Chambers, 28th April 2017

Source: www.littletonchambers.co.uk

Spoilt for Choice? How to Pick the Right Mediator for the Job by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, news by sally

‘Your choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success.’

Full story

Littleton Chambers, 2nd May 2017

Source: www.littletonchambers.com

Don’t threaten me! Reform of the UK “threats” rules – Technology Law Update

Posted May 8th, 2017 in dispute resolution, intellectual property, intimidation, news by sally

‘Your technology, branding and confidential information are key assets. If you find that a competitor is taking advantage of them illegally you may be tempted to let them know straight away. You may also want to inform the supply chain in public statements about infringing imports, or products that take advantage of your proprietary technology. While this seems like the obvious first step to take, it is dangerous. If you are not careful you can find yourself at the wrong end of a “threats” action.’

Full story

Technology Law Update, 4th May 2017

Source: www.technology-law-blog.co.uk

Speech by The Rt Hon. The Lord Thomas of Cwmgiedd: Commercial dispute resolution – courts and arbitration – Courts and Tribunals Judiciary

Posted April 28th, 2017 in Commercial Court, dispute resolution, speeches by tracey

‘Today in Beijing, I want, in the context of the necessity to respond to change, to speak about how we ensure that Commercial Courts and arbitral centres work together to enhance expert, efficient and cost-effective commercial dispute resolution and to keep the law up to date.’

Full speech

Courts and Tribunals Judiciary, 25th April 2017

Source: http://www.judiciary.gov.uk

A Brave New World: Partly Contesting FCA Enforcement Proceedings – Blackstone Chambers

Posted April 6th, 2017 in dispute resolution, enforcement, financial regulation, news by sally

‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’

Full story

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Gambling Commission delivers damning verdict on dispute procedures – The Guardian

Posted March 31st, 2017 in complaints, dispute resolution, gambling, news by tracey

‘The Gambling Commission, which regulates all betting and gaming in the UK, has delivered a damning verdict on the gambling industry’s procedures for resolving complaints and disputes and warned that operators must act now to halt a sharp decline in the number of customers who believe gambling “is fair and can be trusted”.’

Full story

The Guardian, 30th March 2017

Source: www.guardian.co.uk

Business and Property Courts – Courts and Tribunals Judiciary

Posted March 14th, 2017 in civil justice, courts, dispute resolution, press releases by tracey

‘From June of this year, the specialist civil courts are to be known as the “Business and Property Courts of England and Wales”.’

Full press release

Courts and Tribunals Judiciary, 13th March 2017

Source: www.judiciary.gov.uk

Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017 – Courts and Tribunals Judiciary

Posted March 8th, 2017 in arbitration, courts, dispute resolution, international law, speeches by tracey

‘Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017.’

Full speech

Courts and Tribunals Judiciary, 7th march 2017

Source: www.judiciary.gov.uk

AI revolution could hit access to justice for people on low incomes – Legal Futures

‘Artificial intelligence (AI) could have a knock-on impact on legal services for poorer people, such as weakening pro bono assistance by cutting the number of commercial lawyers, according to a report by Professor Roger Smith.’

Full story

Legal Futures, 2nd February 2017

Source: www.legalfutures.co.uk