‘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.’
Law Society's Gazette, 2nd February 2024
Source: www.lawgazette.co.uk
‘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.’
Ministry of Justice, 26th January 2024
Source: www.gov.uk
‘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.’
Legal Furures, 26th January 2024
Source: www.legalfutures.co.uk
‘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).’
Ministry of Justice, 12th January 2024
Source: www.gov.uk
‘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.’
Local Government Lawyer, 12th January 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Law Society's Gazette, 12th January 2024
Source: www.lawgazette.co.uk
‘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”…’
Littleton Chambers, 29th November 2023
Source: littletonchambers.com
‘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.’
OUT-LAW.com, 14th December 2023
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 1st December 2023
Source: www.pinsentmasons.com
‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’
Local Government Lawyer, 29th November 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Legal Futures, 29th November 2023
Source: www.legalfutures.co.uk
‘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.’
OUT-LAW.com, 24th November 2023
Source: www.pinsentmasons.com
‘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.’
Ministry of Justice, 22nd November 2023
Source: www.gov.uk
‘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.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘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.’
Gatehouse Chambers, 4th October 2023
Source: gatehouselaw.co.uk
‘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.’
Legal Futures, 10th November 2023
Source: www.legalfutures.co.uk
‘A company in dispute with its litigation funders has failed in its bid to fortify their cross-undertakings in damages after arguing it wanted to use the contested funds to back litigation itself.’
Legal Futures, 6th November 2023
Source: www.legalfutures.co.uk
‘A disputed adjudicator’s decision is unenforceable due to apparent bias, according to the High Court in England, after privileged communications were wrongly deemed admissible as evidence during the proceedings.’
OUT-LAW.com, 25th October 2023
Source: www.pinsentmasons.com
‘The Civil Justice Council (CJC) has made only minor changes to proposals for radical reform of pre-action protocols (PAPs) in the first part of a final report on the issue.’
Legal Futures, 23rd August 2023
Source: www.legalfutures.co.uk
‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’
Henderson Chambers, 27th July 2023
Source: www.hendersonchambers.co.uk
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