Family law in crisis – New Law Journal
‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’
New Law Journal, 10th February 2014
Source: www.newlawjournal.co.uk
Category: dispute resolution
“Mandatory” mediation – not mandatory enough! – Halsbury’s Law Exchange
‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’
Halsburys Law Exchange, 10th February 2014
Source: www.halsburyslawexchange.co.uk
New law will keep separating parents and couples away from court – Ministry of Justice
‘Separating parents and couples will be helped to avoid stressful court battles under a new law being introduced by the government.’
Ministry of Justice, 7th January 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Finance and Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’
Family Law Week, 2nd January 2014
Source: www.familylawweek.co.uk
What role does mediation play in social housing? – Hardwicke Chambers
‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’
Hardwicke Chambers, 3rd December 2013
Source: www.hardwicke.co.uk
Finance and Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’
Family Law Week, 6th December 2013
Source: www.familylawweek.co.uk
Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd – WLR Daily
Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463
‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’
WLR Daily, 29th November 2013
Source: www.iclr.co.uk
‘Awful conflict’: Judge despairs as couple’s divorce after 43 years leads to £700,000 bill – The Independent
“A wealthy family seems to be ‘tearing itself apart’ in a legal battle which has already cost more than £700,000, a High Court judge has said.”
The Independent, 15th November 2013
Source: www.independent.co.uk
Mediation: No duty to put meat on the bones – Hardwicke Chambers
“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”
Hardwicke Chambers, 17th October 2013
Source: www.hardwicke.co.uk
Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings
“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
PGF II SA v OMFS Co 1 Ltd – WLR Daily
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Why breaking up is getting even harder to do – BBC News
“Dozens of centres designed to help couples split up amicably are in danger of closure.”
BBC News, 19th October 2013
Source: www.bbc.co.uk
Solicitors and consumers split over widening ombudsman’s remit to unregulated providers – Legal Futures
“Solicitors and consumer representatives have come out on opposite sides of the Legal Ombudsman’s (LeO) proposal to extend its remit to the estimated 130,000 unregulated legal services providers operating in England and Wales.”
Legal Futures, 2nd October 2013
Source: www.legalfutures.co.uk
Binns and another v Firstplus Financial Group plc – WLR Daily
Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361
“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Mediation services hit by legal aid cuts, Ministry of Justice figures reveal – The Guardian
“Government attempts to promote mediation as an alternative to expensive courtroom divorce and custody battles are failing, according to figures obtained through freedom of information requests.”
The Guardian, 30th September 2013
Source: www.guardian.co.uk
MoJ proposes online scheme for asbestos victims – Law Society’s Gazette
“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”
Law Society’s Gazette, 24th July 2013
Source: www.lawgazette.co.uk
Solicitor “not in breach of duties” by failing to facilitate binding mediation agreement – OUT-LAW.com
“A solicitor cannot be held responsible if parties to mediation do not immediately reach a final binding agreement, the Court of Appeal has confirmed.”
OUT-LAW.com, 24th June 2013
Source: www.out-law.com
Lessons from eBay, cases without hearings and a divided profession: Neuberger assesses the law – Litigation Futures
“The court system ‘may well have something to learn from online dispute resolution on eBay and elsewhere’, the president of the Supreme Court has suggested.”
Litigation Futures, 19th June 2013
Source: www.litigationfutures.com
Finance and Divorce update – Family Law Week
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May.”
Family Law Week, 7th June 2013
Source: www.familylawweek.co.uk
Record rise in child custody cases before legal aid cuts – The Independent
“A record number of child-custody cases were fought in court last month, in what experts believe may be a rush before cuts to legal aid start to bite.”
The Independent, 11th June 2013
Source: www.independent.co.uk
