‘The family courts system is at breaking point due to delays caused by unrepresented litigants and overstretched judges, according to the body that represents lawyers and professionals in divorce hearings.’
The Guardian, 29th July 2014
Source: www.guardian.co.uk
‘Children will be given a greater voice in the family justice system so they can tell judges how they feel and what they think about the family disputes they are involved in.’
Ministry of Justice, 25th July 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’
OUT-LAW.com, 11th July 2014
Source: www.out-law.com
‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
‘For centuries, the dog has held the title of man’s best friend, but what happens when the same animal is also the woman’s best friend? A legal academic has called for the UK to revolutionise the way in which pets are treated in divorce custody battles.’
The Independent, 29th June 2014
Source: www.independent.co.uk
‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’
OUT-LAW.com, 20th June 2014
Source: www.out-law.com
‘Lord Faulks QC’s keynote speech at the Civil Mediation Conference on 22 May 2014.’
Ministry of Justice, 19th June 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’
The Independent, 8th June 2014
Source: www.independent.co.uk
‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’
Full story (PDF)
Falcon Chambers, 25th March 2014
Source: www.falcon-chambers.com
‘Senior judges have launched their most scathing attack yet on the government’s cuts to civil legal aid. In written evidence responding to the government’s consultation on the first year of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, the Judicial Executive Board said courts have faced an ‘unprecedented increase’ in numbers of litigants in person (LiPs).’
Law Society’s Gazette, 14th May 2014
Source: www.lawgazette.co.uk
‘Legal aid cuts will not undermine family justice, the head of the Family Division insisted last week as he mooted plans for judge-free divorces and greater legal rights for separating cohabitees.’
Law Society’s Gazette, 5th May 2014
Source: www.lawgazette.co.uk
‘Couples agreeing to divorce by consent should be able to arrange their own separations with a trip to the registrar rather than having to go to court, the most senior family judge in England and Wales says.’
The Guardian, 29th April 2014
Source: www.guardian.co.uk
‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’
Family Law Week, 23rd April 2014
Source: www.familylawweek.co.uk
‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’
New Law Journal, 10th April 2014
Source: www.newlawjournal.co.uk
‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’
Hardwicke Chambers, 3rd April 2014
Source: www.hardwicke.co.uk
‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’
OUT-LAW.com, 7th April 2014
Source: www.out-law.com
Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147
‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
‘The Lord Chief Justice, Lord Thomas, delivered a speech last week in which he radically called for a judge-led inquisitorial system to be considered for family and civil courts. He commented that, within the family law arena, the current adversarial method of dealing with cases was ill-suited to both the types of cases seen there and the significant numbers of litigants in person who now make up large numbers of the users of that system.’
Halsbury’s Law Exchange, 12th March 2014
Source: www.halsburyslawexchange.co.uk
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