‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’
The Independent, 20th June 2016
Source: www.independent.co.uk
‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’
Litigation Futures, 23rd May 2016
Source: www.litigationfutures.com
‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’
Legal Futures, 27th April 2016
Source: www.legalfutures.co.uk
‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’
Law Society’s Gazette, 9th April 2016
Source: www.lawgazette.co.uk
‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’
OUT-LAW.com, 4th April 2016
Source: www.out-law.com
‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’
Family Law Week, 15th January 2016
Source: www.familylawweek.co.uk
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’
Family Law Week, 8th January 2016
Source: www.familylawweek.co.uk
‘A contract’s arbitration clause should be extended to apply to a claim not directly covered by that contract, the High Court has ruled. The claim was brought by Russian businessmen against their former partners in the redevelopment of a Moscow hotel.’
OUT-LAW.com, 15th December 2015
Source: www.out-law.com
‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’
OUT-LAW.com, 11th December 2015
Source: www.out-law.com
‘Most landlord and tenant disputes end up in court. From the perspective of landlords, this can be a lengthy, frustrating, and costly process. For tenants, the experience is often uncertain, draining, and also costly. Is there a place for arbitration in this?’
Tanfield Chambers, 30th November 2015
Source: www.tanfieldchambers.co.uk
‘Failure to serve a payment or pay less notice does not prevent an employer from disputing his building contractor’s final account in adjudication proceedings, even where the contractor has already obtained an adjudicator’s decision in his favour, the Court of Appeal has ruled.’
OUT-LAW.com, 3rd December 2015
Source: www.out-law.com
‘By stepping in to resolve a dispute over the tribunal’s jurisdiction rather than leave the question to the tribunal, the English courts have in fact reinforced their commitment to support this form of dispute resolution.’
OUT-LAW.com, 1st December 2015
Source: www.out-law.com
‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’
Law Society’s Gazette, 24th November 2015
Source: www.lawgazette.co.uk
‘Any person thinking about taking their case to court should be able to see a lawyer without cost at least once, according to an opinion poll conducted as part of work on the public perception of justice.’
Legal Futures, 24th November 2015
Source: www.legalfutures.co.uk
‘Sir Brian Leveson, president of the Queen’s Bench Division, has argued that a “change in approach” is needed by the civil and family courts, including the introduction of a “screening process”.’
Litigation Futures, 13th November 2015
Source: www.litigationfutures.com
‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’
Legal Week, 6th November 2015
Source: www.legalweek.co.uk
‘Further civil court fee increases could force international businesses to take their legal work outside the UK, City lawyers have warned.’
Law Society’s Gazette, 29th September 2015
Source: www.lawgazette.co.uk
‘In 2013 radical changes were introduced to the Employment Tribunal system, which, since its inception in the 1970s, had enabled employees to bring their disputes before a legally qualified Chairman free of charge. Since 2013 legal costs have been incurred automatically upon issuing proceedings. Before issuing proceedings the parties have an opportunity to reach a settlement via the ACAS early conciliation process. But there may be little incentive for an employer to engage in a conciliated settlement, where the employee is unlikely to be able to afford the tribunal fees.’
Halsbury’s Law Exchange, 18th September 2015
Source: www.halsburyslawexchange.co.uk
‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’
OUT-LAW.com, 14th September 2015
Source: www.out-law.com
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