Category: dispute resolution

TCC finds adjudicator did not undermine arbitration award – Practical Law: Construction Blog

Posted February 22nd, 2022 in arbitration, construction industry, dispute resolution, enforcement, jurisdiction, news by tracey

‘Compared to the restrictions we faced a couple of months ago with the emergence of the Omicron variant of COVID-19, it really does feel as if we are starting to return to some normality, and it was wonderful to see so many construction law professionals at the Society of Construction Law lunch in London last Friday. I had intended to read Morris J’s interesting judgment in John Graham Construction Ltd v Tecnicas Reunidas UK Ltd on the train home, but I sensibly put that off until the weekend, otherwise I fear my ramblings might have been somewhat difficult to discern.’

Full Story

Practical Law: Construction Blog, 16th February 2022

Source: constructionblog.practicallaw.com

Speech by the Lord Chief Justice: Blackstone Lecture 2022 – Court and Tribunals Judiciary

Posted February 15th, 2022 in choice of forum, civil justice, dispute resolution, lectures, legal services, rule of law, speeches by tracey

‘The Lord Chief Justice of England and Wales has delivered the Blackstone Lecture 2022 at Pembroke College in Oxford. Lord Burnett of Maldon gave a speech entitled The hidden value of the Rule of Law and English Law.’

Full speech

Courts and Tribunals Judiciary, 11th February 2022

Source: www.judiciary.uk

Novel consideration when balancing the imperatives of adjudication and litigation – Practical Law: Construction Blog

Posted February 7th, 2022 in civil procedure rules, construction industry, dispute resolution, news, stay of proceedings, winding up by tracey

‘The court may order a stay of a claim pursuant to CPR 3.1(2)(f) where the claimant has previously been ordered to pay the defendant sums in satisfaction of an adjudicator’s decision and the claimant has not done so. That power is exercised, in part, with the “pay now argue later” ethos of the Construction Act 1996 in mind. The key decisions to date (which I discuss below) balance a party’s rights of access to the court against those broader policy objectives. This post looks at a case in which the TCC applied and expanded the case law in this area, RHP Merchants and Construction Ltd v Treforest Property Co Ltd.’

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Practical Law: Construction Blog, 2nd February 2022

Source: constructionblog.practicallaw.com

Compulsory ADR needed for smallest claims, says CJC – Legal Futures

Posted February 1st, 2022 in civil justice, Civil Justice Council, dispute resolution, news, small claims by sally

‘Alternative dispute resolution (ADR) should be compulsory for claims worth less than £500, the Civil Justice Council (CJC) has said.’

Full Story

Legal Futures, 1st February 2022

Source: www.legalfutures.co.uk

TCC severs adjudicator’s decision – Practical Law: Construction Blog

Posted January 20th, 2022 in building law, construction industry, dispute resolution, news, set-off by tracey

‘I appreciate that not everyone will agree but, as well as striving to get to the right answer, correctly applying the law, and so on, most adjudicators also want to provide the parties with a decision that is ultimately enforceable by the TCC. I think I also speak for most adjudicators when I say that it comes as somewhat of a relief when we read a judgment on BAILII or the like and we’ve been enforced.

But what about cases where only part of the decision is enforced, and the other part is severed? It is arguable that for the adjudicator it is, to use the language of the Black Knight in Monty Python and the Holy Grail, “just a flesh wound”. However, I can attest to the fact that it is frustrating, having been one of the first adjudicators to be severed back in 2012 in Beck Interiors v UK Flooring Contractors. I was thoroughly annoyed with myself for getting it wrong and only part of my decision was enforced (but I was assured by my peers that “tis but a scratch”).’

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Practical Law: Construction Blog, 19th January 2022

Source: constructionblog.practicallaw.com

Family mediation scheme to help thousands more parents – Ministry of Justice

Posted January 18th, 2022 in dispute resolution, divorce, families, news, press releases by tracey

‘Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million.’

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Ministry of Justice, 16th January 2022

Source: www.gov.uk

Family mediation scheme to help thousands more parents – Ministry of Justice

Posted January 17th, 2022 in children, dispute resolution, divorce, families, financial dispute resolution, Ministry of Justice, news by tracey

‘Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million.’

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Ministry of Justice, 16th January 2022

Source: www.gov.uk

Find another way to resolve dispute, High Court tells parties – Legal Futures

Posted January 10th, 2022 in costs, dispute resolution, injunctions, intellectual property, news by tracey

‘The High Court has told parties to an intellectual property claim to find other ways to resolve their dispute in the light of the first three hearings all concerning costs and not the merits.’

Full Story

Legal Futures, 10th January 2022

Source: www.legalfutures.co.uk

High Court makes “first” compulsory ADR order in commercial case – Legal Futures

Posted December 15th, 2021 in company law, dispute resolution, Ministry of Justice, news by tracey

‘A High Court master has made the first ever order for compulsory alternative dispute resolution (ADR) in commercial litigation, according to a City litigator.’

Full Story

Legal Futures, 15th December 2021

Source: www.legalfutures.co.uk

Raab eyes “drastic action” to keep family disputes out of court – Legal Futures

Posted December 1st, 2021 in budgets, criminal justice, dispute resolution, domestic violence, families, family courts, legal aid, lord chancellor, Ministry of Justice, news, probate, statistics by sally

‘Justice secretary Dominic Raab is “in the market for something quite drastic and bold” to reduce the number of private law family cases in the courts, he said yesterday.’

Full Story

Legal Futures, 1st December 2021

Source: www.legalfutures.co.uk

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

Posted November 26th, 2021 in abuse of process, construction industry, contracts, dispute resolution, enforcement, injunctions, news by tracey

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

Full Story

Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape – Local Government Lawyer

Posted November 15th, 2021 in appeals, dispute resolution, enforcement, insolvency, news by tracey

‘Clare Mendelle and Sarah Wertheim take a look at guidance provided by the Court of Appeal regarding security arrangements for insolvent claimants in the post-Bresco landscape.’

Full Story

Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Keeping family disputes away from the courts – is there light at the end of the tunnel? – Family Law

Posted November 12th, 2021 in dispute resolution, families, family courts, news by tracey

‘Earlier this month industry experts gathered at the Jersey International Family Law Conference 2021 to hear from a range of key spokespeople, decision makers and opinion formers on a whole host of hot topics. Perhaps most notably, certainly for my colleagues and I at National Family Mediation, was the address by Sir Andrew McFarlane – the residing President of the Family Division – who took the opportunity to outline some of his priorities and what it was he wants to achieve before he (in his words!) hangs up his ‘wig and flashy robes’ in three years’ time.’

Full Story

Family Law, 12th November 2021

Source: www.familylaw.co.uk

Third time’s a charm: can a single dispute include multiple sub-issues in adjudication? – Practical Law: Construction Blog

Posted November 8th, 2021 in construction industry, dispute resolution, jurisdiction, news by tracey

‘“Quick and dirty” is not a phrase that we usually associate with dispute resolution. However, as many construction practitioners will know, adjudication provides an exception.

Speed has its benefits but it rarely makes things simple. As our colleague, Ravinder, explained in her blog, adjudication is not always a straightforward process. Many disputes involve multiple, complex issues. This creates fertile ground for challenge, and adjudicators find themselves engaged with jurisdictional arguments more often than not.

One such argument is whether the issues referred to adjudication comprise one or multiple disputes. Our blog focuses on the courts’ approach to this question in the recent case of Quadro Services Ltd v Creagh Concrete Products Ltd.’

Full Story

Practical Law: Construction Blog, 3rd November 2021

Source: constructionblog.practicallaw.com

Civil justice system “in desperate need of modernisation” – Legal Futures

Posted November 4th, 2021 in artificial intelligence, civil justice, dispute resolution, news, reports by sally

‘The civil justice system and some areas of the law in England and Wales are “in desperate need of modernisation”, a report by the Social Market Foundation (SMF) has found.’

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Legal Futures, 4th November 2021

Source: www.legalfutures.co.uk

Payment notices: what genuine belief is needed to make a payment notice valid? – Practical Law: Construction Blog

Posted October 25th, 2021 in construction industry, cross-claims, dispute resolution, news by tracey

‘The genuine article? Does a valid payment notice need to set out the sum the payer genuinely considers due? The requirement that a valid payment notice must set out “the sum the payer considers due” is often at the centre of payment disputes. The recent decision in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd, provides a necessary clarification around what this actually means, confirming that a valid payment notice must set out the sum the payer genuinely considers due.’

Full Story

Practical Law: Construction Blog, 20th October 2021

Source: constructionblog.practicallaw.com

Speech by the President of the Family Division: Supporting Families in Conflict – There is a better way – Courts & Tribunals Judiciary

Posted October 13th, 2021 in children, dispute resolution, divorce, domestic violence, families, family courts, judges, speeches by tracey

‘An Address by Sir Andrew McFarlane to the Jersey International Family Law Conference 2021.’

Full story

Courts & Tribunals Judiciary, 11th October 2021

Source: www.judiciary.uk

A v A [2021] – The Final Piece of the Puzzle for Family Arbitration – Family Law

Posted October 4th, 2021 in arbitration, dispute resolution, families, family courts, news by tracey

‘FLiP has been a strong supporter of family arbitration as a means of resolving disputes away from the courts since family arbitration was introduced into England & Wales in February 2012. In fact, it was at FLiP that one of the first family arbitrations under the new scheme took place and, as a firm, we offer three qualified family arbitrators.

The uptake and breadth of appeal of family arbitration has turned a real corner in the past 16 or so months. The decision of A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam), published in July 2021, has clarified how family arbitration works within the family court system; it should give those considering using family arbitration full confidence in the process as a cogent alternative to litigation.’

Full Story

Family Law, 1st October 2021

Source: www.familylaw.co.uk

Mediation and sports law – Mills & Reeve

Posted September 30th, 2021 in dispute resolution, news, sport by sally

‘Mediation is a popular and effective way in which to resolve a dispute. The alternatives of litigation or arbitration are sometimes not an appropriate mechanism to reach a resolution because, more often than not, the process ensures that one party walks away as the “loser”, with significant legal cost of their own lawyers and those of the winning party. Decisions may often be published (and proceedings may be open to the public and press depending on the forum) with the risk of associated reputational damage.’

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Mills & Reeve, 29th September 2021

Source: www.mills-reeve.com

When is a collateral warranty a “construction contract”? – Practical Law: Construction Blog

Posted August 6th, 2021 in construction industry, contracts, dispute resolution, news, warranties by tracey

‘Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo. However, it is quite a detailed, merits-based judgment and, in the end, I plumped for the only TCC judgment (at least of those on BAILII) that concerned adjudication, Toppan Holdings Ltd and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP.’

Full Story

Practical Law: Construction Blog, 3rd August 2021

Source: constructionblog.practicallaw.com