dispute resolution – Page 7 – Current Awareness

TCC provides reminder of the meaning of paragraph 9(2) of the Scheme – Practical Law: Construction Blog

Posted August 19th, 2022 in construction industry, dispute resolution, guarantees, insolvency, news by sally

‘I appreciate that some of you might be reading this blog on your summer holidays, so you may well have far better things to be doing with your time (ordering another piña colada perhaps?). I will therefore keep the blog short – what might be termed a “blogette”. As one would expect over the summer break, there haven’t been many reported TCC cases recently and so the case I want to discuss today is from June, namely ML Hart Builders Ltd (in liquidation) v Swiss Cottage Properties Ltd, which is a judgment of Mr Roger Ter Haar QC sitting as a deputy High Court judge.’

Practical Law: Construction Blog, 17th August 2022

Source: constructionblog.practicallaw.com

NEC and notices of dissatisfaction – Practical Law: Construction Blog

Posted August 15th, 2022 in construction industry, contracts, dispute resolution, news, notification by sally

‘Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC). Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right.’

Practical Law: Construction Blog, 10th August 2022

Source: constructionblog.practicallaw.com

English courts increasingly grappling with complex crypto disputes – OUT-LAW.com

Posted August 5th, 2022 in company directors, company law, cryptocurrencies, dispute resolution, news by sally

‘The English courts have adapted quickly to increasingly complex disputes involving crypto assets, a legal expert has said, following a recent ruling in a dispute over the ownership of an account worth roughly £30 million.’

OUT-LAW.com, 5th August 2022

Source: www.pinsentmasons.com

Unreasonable refusal to engage with ADR – Law Society’s Gazette

Posted July 29th, 2022 in civil procedure rules, costs, dispute resolution, indemnities, law firms, negligence, news by sally

‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’

Law Society's Gazette, 22nd July 2022

Source: www.lawgazette.co.uk

MoR proposes ‘major new project’ to boost blockchain – Law Society’s Gazette

Posted July 28th, 2022 in choice of forum, cryptocurrencies, dispute resolution, news, speeches, taxation by sally

‘Putting tax payments or property transactions on blockchain – or issuing a Bank of England-backed digital currency – would help entrench English law as the forum of choice for resolving crypto disputes, the master of the rolls has said in a constitutionally daring intervention into policy-making.’

Law Society's Gazette, 26th July 2022

Source: www.lawgazette.co.uk

MoJ proposes compulsory mediation for claims worth up to £10k – Legal Futures

Posted July 26th, 2022 in dispute resolution, Ministry of Justice, news, small claims by sally

‘Mediation will be made compulsory for all small claims worth up to £10,000, potentially settling 20,000 cases that would otherwise end up in court, the Ministry of Justice proposed today.’

Legal Futures, 26th July 2022

Source: www.legalfutures.co.uk

How far does an interim valuation adjudication bind determination of the final account? – Practical Law: Construction Blog

Posted July 11th, 2022 in construction industry, dispute resolution, news, precedent by sally

‘I was lucky enough to be asked to give a recent case law update lecture for the Adjudication Society. At the end one of the delegates asked a very sensible question, namely to what extent do matters decided by an adjudicator concerning an interim valuation bind later valuations. It’s an issue that I’ve been asked about before, and it’s also one of those that can promote polarising debate, with some extreme positions taken.’

Practical Law: Construction Blog, 5th July 2022

Source: constructionblog.practicallaw.com

Government launches new mediation scheme to help thousands more families avoid costly legal battles – Family Law

Posted July 11th, 2022 in children, dispute resolution, divorce, families, family courts, government departments, news by sally

‘An extra £5.4 million in funding will help even more families to resolve disputes away from court, such as contact arrangements for children.’

Family Law, 7th July 2022

Source: www.familylaw.co.uk

Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog

Posted June 24th, 2022 in construction industry, contracts, dispute resolution, enforcement, jurisdiction, local government, news by sally

‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’

Practical Law: Construction Blog, 21st June 2022

Source: constructionblog.practicallaw.com

Lord Reed, London International Disputes Week – Supreme Court

Posted May 13th, 2022 in arbitration, dispute resolution, judges, judiciary, legal services, London, rule of law, speeches by sally

‘Lord Reed, London International Disputes Week.’

Supreme Court, 11th May 2022

Source: www.supremecourt.uk

Treat family separations “as transactions, not litigation” – Legal Futures

Posted April 14th, 2022 in costs, dispute resolution, divorce, families, family courts, judges, news by sally

‘Family separation cases should “operate in a transactional way, as with conveyancing, rather than under the banner of litigation”, the chair of the Family Solutions Group has argued.’

Legal futures, 14th April 2022

Source: www.legalfutures.co.uk

Crystal clear: “no dispute” defences unlikely to succeed at adjudication enforcement – Practical Law: Construction Blog

Posted April 12th, 2022 in construction industry, contracts, dispute resolution, enforcement, jurisdiction, news by sally

‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’

Practical Law: Construction Blog, 11th April 2022

Source: constructionblog.practicallaw.com

Mediating Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted April 11th, 2022 in chambers articles, compensation, costs, dispute resolution, hospitals, medical treatment, negligence, news, statistics by sally

‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence: so reported the BBC in January 2020 following a Freedom of Information Request. Estimates published in 2019 put the total cost of outstanding compensation claims at £83bn; NHS England’s total budget in 2018-19 was £129bn.’

Ropewalk Clinical Negligence Blog, 7th April 2022

Source: www.ropewalk.co.uk

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

Posted March 22nd, 2022 in construction industry, contracts, dispute resolution, enforcement, news, time limits by sally

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog

Posted March 4th, 2022 in appeals, construction industry, contracts, dispute resolution, fees, jurisdiction, news by sally

‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’

Practical Law: Construction Blog, 2nd March 2022

Source: constructionblog.practicallaw.com

‘No fault’ divorce is great, but it’s time to move the conversation on – Family Law

Posted March 4th, 2022 in dispute resolution, divorce, families, family courts, news by sally

‘With the dawn of “no fault” divorce almost upon us there is a sense of post-election frivolity reverberating throughout the sector, with the Government proudly patting itself on the back for delivering on the most significant shake up of family law in almost five decades.

To a certain extent, one could argue rightly so.

Indeed, National Family Mediation was one of the many organisations campaigning for change to what is widely accepted to be a stale and outdated area of law, with already heartbroken families kickstarting divorce proceedings by blaming their former spouse for the irretrievable breakdown of the relationship.

And so let me start this article by stressing that I, and my mediation colleagues, are most certainly in favour of the reforms which will aid the ability to separate on a less acrimonious footing, regardless of who has done what and to whom.

However, as the April 6th deadline rapidly approaches it feels prudent to caution that this major legislative change is not, in isolation, the end to all of our problems.’

Family Law, 3rd March 2022

Source: www.familylaw.co.uk

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 sally

‘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.’

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 sally

‘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.’

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 sally

‘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.’

Practical Law: Construction Blog, 2nd February 2022

Source: constructionblog.practicallaw.com

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