MoJ rules out any exemptions to small claims mediation plan – Legal Futures

Posted July 27th, 2023 in dispute resolution, Ministry of Justice, news, small claims by sally

‘The Ministry of Justice (MoJ) has ruled out any exemptions to the requirement for compulsory mediation that it is set to introduce for small claims.’

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Legal Futures, 27th July 2023

Source: www.legalfutures.co.uk

Government to introduce compulsory mediation for small claims – Legal Futures

‘The Ministry of Justice is to introduce compulsory mediation for small claims valued up to £10,000, starting with specified money claims.’

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Legal Futures, 25th July 2023

Source: www.legalfutures.co.uk

High Court directs UCL students to resolve their claim out of court – Law Society’s Gazette

‘A judge has paused a multi-million-pound student group action claim against a London university over Covid and strike disruption and encouraged parties to resolve their dispute away from court.’

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Law Society's Gazette, 18th July 2023

Source: www.lawgazette.co.uk

Speech by the Master of the Rolls: Driving system change and addressing injustice – Courts and Tribunals Judiciary

Posted July 17th, 2023 in computer programs, dispute resolution, judges, news, speeches by tracey

‘Speech by the Master of the Rolls: Driving system change and addressing injustice.’

Full speech

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Courts and Tribunals Judiciary, 13th July 2023

Source: www.judiciary.uk

Appeal allowed despite ‘disastrously handled’ litigation – Law Society’s Gazette

Posted July 7th, 2023 in appeals, child support, children, costs, dispute resolution, families, news by tracey

‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’

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Law Society’s Gazette, 6th July 2023

Source: www.lawgazette.co.uk

Thoroughly Modern Will Disputes – 5SAH

‘What is behind the recent increase in will & inheritance disputes? Niamh Wilkie & Stephanie Coker consider the complications caused by cohabitation & blended families.’

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5SAH, 3rd July 2023

Source: www.5sah.co.uk

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by tracey

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

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OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Costs of case manager meetings cannot be claimed, master rules – Law Society’s Gazette

Posted June 26th, 2023 in budgets, case management, costs, dispute resolution, news, personal injuries by tracey

‘A High Court judge has ruled that charges for meetings with case managers are not claimable because they do not progress the court case.’

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Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Master of the Rolls to the Law Society of Scotland – Courts & Tribunals Judiciary

‘Law and Technology Conference Online lecture, Wednesday 14 June 2023.’

Full speech

Courts & Tribunals Judiciary, 14th June 2023

Source: www.judiciary.uk

High Court rejects claim over decision of adjudicator and fairness of school admissions arrangements – Local Government Lawyer

‘The High Court has rejected a claim which questioned what matters an adjudicator may and must take into account in determining whether a school’s admission arrangements are “fair”.’

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Local Government Lawyer, 5th June 2023

Source: www.localgovernmentlawyer.co.uk

Enhancing consumer rights – the Digital Markets, Competition and Consumers Bill – Mills & Reeve

Posted May 31st, 2023 in bills, competition, consumer protection, dispute resolution, news by sally

‘This briefing is part of a series that is taking a closer look at the government’s draft Digital Markets, Competition and Consumers Bill (“the Bill”) which was introduced into Parliament on 25 April 2023. This is an important and far-reaching Bill which will see wide ranging reforms to competition and consumer protection laws.’

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Mills & Reeve, 30th May 2023

Source: www.mills-reeve.com

UK signs up to Singapore Convention – Law Society’s Gazette

Posted May 4th, 2023 in contracts, dispute resolution, news, treaties by tracey

‘Businesses will be able to enforce international mediated agreements without recourse to lengthy and costly breach of contract proceedings, a justice minister said today as he signed the UN Singapore Convention on Mediation in New York.’

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Law Society's Gazette, 4th May 2023

Source: www.lawgazette.co.uk

Speech by the Master of the Rolls – The future of London as a pre-eminent dispute resolution centre: opportunities and challenges – Courts and Tribunals Judiciary

Posted April 21st, 2023 in dispute resolution, judges, London, speeches by tracey

‘Speech by the Master of the Rolls – The future of London as a pre-eminent dispute resolution centre: opportunities and challenges.’

Full speech

Courts and Tribunals Judiciary, 20th April 2023

Source: www.judiciary.uk

Unfair prejudice claim in a long-standing rags to riches family dispute has failed (Pickering v Hughes and ors) – Gatehouse Chambers

‘Dispute Resolution analysis: Following a liability trial, an unfair prejudice petition under section 994 of the Companies Act 2006 has been dismissed. None of the alleged instances of unfair prejudice directed against the Respondents was made out.’

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Gatehouse Chambers, 23rd March 2023

Source: gatehouselaw.co.uk

The English courts found to have jurisdiction where an alternative forum was available – Mills & Reeve

Posted April 5th, 2023 in chambers articles, dispute resolution, fraud, insolvency, jurisdiction, news by sally

‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’

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Mills & Reeve, 3rd April 2023

Source: www.mills-reeve.com

Civil Mediation – Becket Chambers

Posted April 5th, 2023 in chambers articles, civil justice, dispute resolution, news by sally

‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’

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Becket Chambers, 22nd March 2023

Source: becket-chambers.co.uk

‘Wrong people, time and attitude’: Society’s warning over mediation reforms – Law Society’s Gazette

Posted March 24th, 2023 in children, dispute resolution, divorce, families, family courts, Law Society, news by tracey

‘Compulsory mediation could force the wrong people into a process at the wrong time with the wrong attitude, the Law Society has warned in response to government plans to get more family disputes resolved away from court.’

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Law Society's Gazette, 24th March 2023

Source: www.lawgazette.co.uk

Plans to protect children under under new mediation reforms – Ministry of Justice

‘Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023).’

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Ministry of Justice, 23rd March 2023

Source: www.gov.uk