To Babanaft or not to Bananaft – the extra jurisdictional effect of an anti-suit injunction (Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd) – Gatehouse Chambers

‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’

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Gatehouse Chambers, 5th February 2024

Source: gatehouselaw.co.uk

Family judge tells divorcing couples to use ADR before going to court – Legal Futures

Posted March 19th, 2024 in dispute resolution, divorce, judges, news by tracey

‘A Family Court judge has told divorcing couples that the court expects them to make “a serious effort” to resolve their differences before issuing proceedings.’

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Legal Futures, 19th March 2024

Source: www.legalfutures.co.uk

Condition precedents in light of Lancashire Schools v Lendlease – Local Government Lawyer

‘Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Trial judge appointed special examiner to hear the evidence of a sanctioned Russian litigant and his witness in Dubai (Gorbachev v Guriev) – Gatehouse Chambers

Posted March 15th, 2024 in chambers articles, dispute resolution, news, Russia, sanctions, witnesses by sally

‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’

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Gatehouse Chambers, 20th February 2024

Source: gatehouselaw.co.uk

Court discretion and dispute resolution clauses – Law Society’s Gazette

‘In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to litigation, ousted the jurisdiction of the court.’

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Law Society's Gazette, 2nd February 2024

Source: www.lawgazette.co.uk

Children’s wellbeing at the heart of family court reforms – Ministry of Justice

Posted January 30th, 2024 in children, dispute resolution, family courts, Ministry of Justice, news by tracey

‘Children will be better protected from the impact of lengthy courtroom battles thanks to pioneering measures to help families resolve disputes as swiftly as easily possible.’

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Ministry of Justice, 26th January 2024

Source: www.gov.uk

Government announces early legal advice pilot for separating couples – Legal Futures

‘The government is to launch a pilot of early legal advice for separating couples to judge what impact it could have to speed up a resolution.’

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Legal Furures, 26th January 2024

Source: www.legalfutures.co.uk

UK citizens and businesses to be spared time and money on cross-border legal disputes – Ministry of Justice

‘Firms caught up in endless international legal disputes will be spared time and money thanks to Ministers signing up to the 2019 Hague Convention today (12 January 2024).’

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Ministry of Justice, 12th January 2024

Source: www.gov.uk

Resisting enforcement of an adjudicator’s decision – Local Government Lawyer

‘Mark Roach, Sarah Davies and Dawn Gowland review a recent High Court case where a contractor sought to enforce an adjudicator’s decision against a Welsh council.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

‘Significant step forward’ as Hague Convention signed – Law Society’s Gazette

‘The UK’s appeal to businesses as a centre for dispute resolution will be boosted by the signing of the 2019 Hague Convention on private international law, the government said today. The treaty, signed in the Netherlands by justice minister Lord Bellamy this week, creates international framework of rules for recognition and enforcement of judgments in cross-border civil disputes.’

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Law Society's Gazette, 12th January 2024

Source: www.lawgazette.co.uk

Churchill unties the ‘knotty’ problem posed by Halsey – Littleton Chambers

‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:

“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’

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Littleton Chambers, 29th November 2023

Source: littletonchambers.com

How UK law on adjudication looks heading into 2024 – OUT-LAW.com

Posted December 15th, 2023 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’

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OUT-LAW.com, 14th December 2023

Source: www.pinsentmasons.com

Ruling provides for mediation in midst of litigation in England – OUT-LAW.com

Posted December 4th, 2023 in appeals, dispute resolution, news, stay of proceedings by tracey

‘A new ruling should encourage more organisations to seek to resolve their disputes out-of-court via mediation or other alternative dispute resolution (ADR) procedures, according to experts in dispute resolution.’

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OUT-LAW.com, 1st December 2023

Source: www.pinsentmasons.com

A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: Judges can order parties to engage in ADR – Legal Futures

Posted November 30th, 2023 in dispute resolution, judiciary, news, stay of proceedings by sally

‘Courts can order parties to engage in alternative dispute resolution (ADR), so long as it does not restrict their ability to proceed to a judicial hearing, the Court of Appeal ruled today.’

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Legal Futures, 29th November 2023

Source: www.legalfutures.co.uk

UK to sign Hague Convention 2019 on cross-border enforcement of judgments – OUT-LAW.com

Posted November 27th, 2023 in dispute resolution, enforcement, foreign jurisdictions, news by tracey

‘Businesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.’

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OUT-LAW.com, 24th November 2023

Source: www.pinsentmasons.com

Modernised laws to secure UK as world leader in dispute resolution – Ministry of Justice

Posted November 24th, 2023 in arbitration, bills, dispute resolution, London, news by tracey

‘The UK’s status as a multi-billion-pound global leader in arbitration services will be secured by new legislation introduced to Parliament on 21 November 2023.’

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Ministry of Justice, 22nd November 2023

Source: www.gov.uk

Court of Appeal confirms applicable test when hearing an application to annul a bankruptcy under section 282(1)(a) (Khan v Singh-Sall and another) – Gatehouse Chambers

Posted November 22nd, 2023 in appeals, bankruptcy, chambers articles, dispute resolution, insolvency, news by sally

‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’

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Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk