‘Successful county court defendants who had flatly rejected offers to mediate have been denied some of their costs as a penalty.’
Law Society's Gazette, 4th June 2024
Source: www.lawgazette.co.uk
‘How you approach resolving a dispute with your ex-partner, whether regarding finances or your children, is an important first step in your case and can set the tone moving forward.’
Kingsley Napley Family Law Blog, 29th May 2024
Source: www.kingsleynapley.co.uk
‘A High Court judge has used new powers to “encourage” the use of alternative dispute resolution (ADR) in family proceedings in the absence of agreement between the parties.’
Legal Futures, 31st May 2024
Source: www.legalfutures.co.uk
‘Rules allowing the court to encourage parties into alternative dispute resolution have been historically underused, a judge has said while directing a divorcing couple to use non-court resolution under new procedure rules.’
Law Society's Gazette, 29th May 2024
Source: www.lawgazette.co.uk
‘Late last year, a Court of Appeal decision on alternative dispute resolution highlighted the significant role that mediation can play in successfully resolving disputes, write Sophie McCabe, Rachel Murray-Smith and Helen Arthur.’
Local Government Lawyer, 28th May 2024
Source: www.localgovernmentlawyer.co.uk
‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’
Park Square Barristers, 3rd April 2024
Source: www.parksquarebarristers.co.uk
‘Clients should be well-prepared and understand what mediation is. If you only intend to repeat previous offers (or make the same offer), mediation will fail. Compromise and, therefore, making and considering offers, is essential. Clients should be fully prepared on what kind of compromises may or may not work. Clients should be briefed on what mediation is and how it works. This may be obvious to lawyers but its not always done or often expected to be done on the day… which is too late.’
St Philips Barristers, 23rd April 2024
Source: st-philips.com
‘Caroline Bowden, a member of the Private Family Law Early Resolution Working Group which first examined what changes were needed, looks at the effect of the revised rules on everyone working in family law, both in and out of court.’
Family Law, 10th May 2024
Source: www.familylaw.co.uk
‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’
Law Society's Gazette, 29th April 2024
Source: www.lawgazette.co.uk
‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’
Gatehouse Chambers, 17th April 2024
Source: gatehouselaw.co.uk
‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’
Gatehouse Chambers, 19th April 2024
Source: gatehouselaw.co.uk
‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’
3 Hare Court. 11th March 2024
Source: www.3harecourt.com
‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’
Gatehouse Chambers, 18th March 2024
Source: gatehouselaw.co.uk
‘Dispute Resolution analysis: The Court of Appeal has rejected 40 years of “received wisdom” among company law practitioners and has held that a limitation period of either twelve or six years (depending upon the relief sought) applies in respect of petitions under section 994 of the Companies Act 2006.’
Gatehouse Chambers, 7th March 2024
Source: gatehouselaw.co.uk
‘Fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, it has emerged.’
Legal Futures, 19th April 2024
Source: www.legalfutures.co.uk
‘A search of the internet for “how successful is mediation?” indicates that “mediation has an average success rate of 70-80%” but my daughter tells me that 86.7% of statistics on the internet are made up so further research is required. The authoritative CEDR 10th Annual Mediation Audit, available at Tenth-CEDR-Mediation-Audit-2023.pdf found that 72% of civil mediations settled on the day and a further 20% settled “shortly after”. There is, therefore, a very good chance that mediation will save the parties the cost, stress and emotional turmoil of litigation.’
Becket Chambers, 29th February 2024
Source: becket-chambers.co.uk
‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’
Gatehouse Chambers, 5th February 2024
Source: gatehouselaw.co.uk
‘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.’
Legal Futures, 19th March 2024
Source: www.legalfutures.co.uk
‘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.’
Local Government Lawyer, 15th March 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Gatehouse Chambers, 20th February 2024
Source: gatehouselaw.co.uk
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