Employed barristers need specialist training in “persuasive advocacy” beyond the courtroom – Legal Futures

Posted September 14th, 2015 in advocacy, barristers, dispute resolution, employment, legal education, news, statistics by tracey

‘The needs of employed barristers should not be ignored and “second class citizenship” should “by now be a myth”, a former Crown prosecutor has said.’

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Legal Futures, 14th September 2014

Source: www.legalfutures.co.uk

Finance & Divorce Update September 2015 – Family Law Week

‘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 August 2015.’

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Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk

European rules would make it harder for LeO to reject complaints – Legal Futures

Posted September 8th, 2015 in complaints, consultations, dispute resolution, EC law, legal ombudsman, news by sally

‘The European directive on alternative dispute resolution (ADR) will not only extend the period for making complaints about lawyers from six to 12 months, but reduce the grounds for the Legal Ombudsman (LeO) to reject them, it has emerged.’

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Legal Futures, 8th September 2015

Source: www.legalfutures.co.uk

Finance & Divorce Update – Family Law Week

‘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 July 2015.’

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Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

Rise in divorce cases signals mediation failure – Law Society’s Gazette

Posted August 26th, 2015 in dispute resolution, divorce, news, statistics by sally

‘A continuing rise in the number of new private law cases could signal that not enough divorcing couples are being channelled towards mediation, family law organisation Resolution has said.’

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Law Society’s Gazette, 24th August 2015

Source: www.lawgazette.co.uk

ADR and costs – Hardwicke Chambers

Posted July 28th, 2015 in arbitration, budgets, costs, dispute resolution, news by sally

‘To say that there can be costs consequences for failing to engage in ADR is hardly news but it is something that is always worth remembering and, if you don’t remember it, there is a good chance that the court will remind you!’
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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’

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Zenith PI, 13th July 2015

Source: www.zenithpi.wordpress.com

Disney wins starwars.co.uk net domain battle – BBC News

‘A Berkshire-based fancy-dress retailer is being made to surrender the starwars.co.uk web address after feeling the force of Disney’s wrath.’

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BBC News, 9th July 2015

Source: www.bbc.co.uk

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

Supreme Court: losing party to adjudication has six years to challenge that decision in the courts – OUT-LAW.com

Posted June 19th, 2015 in contracts, dispute resolution, limitations, news by tracey

‘A party seeking repayment of sums paid following an adjudication award against it has six years from the date of payment to do so, the UK’s highest court has confirmed.’

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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

Is crowdfunded litigation the future of justice? – The Guardian

Posted May 26th, 2015 in costs, dispute resolution, internet, news, public interest, third parties by sally

‘With legal aid in crisis, CrowdJustice selects public interest cases and invites the public to fund them. But it faces many obstacles to enacting real change.’

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The Guardian, 25th May 2015

Source: www.guardian.co.uk

Judges unveil streamlined trial procedures for commercial cases – Litigation Futures

‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Extend divorce mediation meetings to “smaller civil cases”, Lord Neuberger says – Litigation Futures

Posted May 13th, 2015 in dispute resolution, divorce, news by tracey

‘Lord Neuberger has said that the compulsory mediation information and assessment meetings (MIAMs) introduced for separating couples should be extended to “smaller civil cases”.’

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Litigation Futures, 13th May 2015

Source: www.litigationfutures.com

Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

Liberties, Customs and the Free Flow of Trade – Speech by the Master of the Rolls

Liberties, Customs and the Free Flow of Trade (PDF)

Speech by the Master of the Rolls

4th Annual British Irish Commercial Law Forum, 23rd April 2015

Source: www.judiciary.gov.uk

JUSTICE proposes lawyer-free dispute resolution model – Legal Voice

‘A new dispute resolution model ‘minimising the need for lawyers’ for a justice system ‘reeling from the impact of ongoing state retrenchment’, has been proposed by the Human rights group JUSTICE. In a new report (Delivering Justice in an Age of Austerity) the human rights group argues that the assumption that people will be legally represented post-LASPO is redundant.’

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Legal Voice, 28th April 2015

Source: www.legalvoice.org.uk

Family Arbitration – The Inner Temple

Posted April 8th, 2015 in arbitration, children, confidentiality, courts, dispute resolution, families, news by sally

Family Arbitration (PDF)

Sir Hugh Bennett

The Inner Temple, 30th March 2015

Source: www.innertemple.org.uk

PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

Full story (PDF)

39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk