57 results
21 Apr 2020 13:52
Unreasonable refusal to engage in ADRBy David Knifton QC In a stark reminder to litigants and their advisers, the High Court has once again emphasised that an unreasonable failure to engage in ADR may justify the imposition of a costs sanction. In BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania, (2) Trustees of the Barry more...
Challenging Late Filing Penalties
The Penalty Regime s.441 Companies Act 2006 provides a duty to file accounts and reports with the Registrar. A failure to file accounts and reports with the Registrar of Companies on time is a serious matter and will result in a civil penalty of up to £1500 (double if the failure is repeated in the more...
4 Dec 2019 15:15
There’s ADR…and Then There’s ADR: It’s Not All the SameLomax v Lomax [2019] EWCA Civ 1467 Background Under the Court’s general powers of case management, CPR r 3.1(2)(m) (‘the Rule’) provides that: (2) Except where these Rules provide otherwise, the court may – […] (m) take any other step or make any other order for the purpose of managing the case and more...
11 Nov 2019 14:06
GTDT Mediation – IntroductionHistory Mediation is the most popular of a range of dispute resolution methods covered by the acronym ‘ADR’: alternative dispute resolution. The terminology here can be somewhat confused. Some say that ADR stands for ‘alternative dispute resolution’ (ie, an alternative to traditional litigation and more...
6 Nov 2019 11:36
Arbitration - how Paul Hollywood and his wife kept his divorce financial settlement out of courtNewspapers are reporting that Paul Hollywood, of The Great British Bake-Off fame, has chosen to settle his divorce financial matters out of court. He and his wife have chosen to use a process called family arbitration. There will be several advantages to them as a result, which we set out below. more...
16 Oct 2019 10:27
Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch)Does the automatic insertion of a sender’s name and contact details in an email footer, known as a “Signature”, meet various statutory requirements that a document be signed? Hardwicke’s Commercial Dispute Resolution team considers in this case report the case of Neocleous & Anor v Rees [2019] EWHC more...
15 Oct 2019 12:13
Renault F1 Driver Lawsuit Could Fuel Copycat Claims, Say ExpertsDaniel Ricciardo is renowned for his smile and has managed to keep it up despite facing troubles on and off the track. Legal experts have warned that Formula One drivers could face an increased risk of being sued by disgruntled former managers seeking a share of their high-octane earnings after more...
7 Oct 2019 14:38
Mediation set to increase internationally and at homeWith the United Nations Commission on International Trade Law (UNCITRAL)’s Singapore Mediation Convention being signed by 46 countries already and the Civil Justice Council’s working group recommending strategies to increase the use of alternative dispute resolution (ADR), mediation is likely to be more...
11 Sep 2019 10:55
Alternative dispute resolution and pre-action conduct in professional negligence claimsWalker Morris’ litigation/dispute resolution experts and specialists in the law of professional negligence provide an update on the Professional Negligence Pre-Action Protocol and alternative dispute resolution (ADR) options. The general rule In recent years, whenever any dispute has arisen and more...
10 Sep 2019 14:18
How To Choose A Mediator?The increasing recognition that mediation has significant advantages over other dispute resolution options, inevitably leads to an increase in demand for mediators. In alignment with economic principles an increase in demand results in a supply increase and the opportunity to choose the appropriate more...
15 Aug 2019 10:35
European Commission demonstrates continuing commitment to mediation“Mediation is primarily a state of mind. It is a way of thinking and behaving differently, with a humanistic regard towards a dispute. Disputes are a regular occurrence of life, and may have good or bad consequences depending on how they are dealt with.” In 2006, the European Commission for the more...
13 Aug 2019 09:52
Should England and Wales have a formal mediation bill?A draft proposal for a mediation bill has been lodged with the Scottish Parliament for consultation. The Mediation (Scotland) Bill, proposed by Margaret Mitchell, MSP for Central Scotland, seeks to increase the use and consistency of mediation in Scotland. The draft looks at some of the pros and more...
24 Jul 2019 08:40
Erskine Chambers - Arbitration fellowshipsMichael Todd QC and Philip Gillyon have recently been admitted as Fellows of the Chartered Institute of Arbitrators. Both have extensive experience of advising in arbitrations involving issues of company/commercial law, in the UK and internationally, and they are both currently instructed in two more...
17 Jul 2019 14:02
When to Mediate?One of the main selling points of mediation is that it is cost effective, others include; confidentiality; discretionary; the parties control the outcome; quickness of process; opportunities to preserve ongoing relationships and the resolution can include wider interests. Ultimately mediation more...
15 Jul 2019 15:20
Litigation/Arbitration/MediationLitigation is heavy duty and, according to at least one High Court Judge, arbitration is ’unwigged’ court proceedings: similar in terms of time and cost but the arbitrator doesn’t wear a wig (although some undoubtedly should!). What then with mediation: the 80:20 rule applies. It has the potential more...
Mediation SOS: repairing & maintaining relationships
Where a dispute involves parties looking to preserve their business relationship for the future, mediation can be a more effective and less accusatorial alternative to contested litigation. Indeed, the adversarial process, with its inevitable allegations and counter-allegations of blame, concluded more...
5 Jun 2019 11:11
Fixed fee Private Neutral Evaluation service for civil claims under £25,000.00 launched by No5 Barristers’ ChambersNo5 Barristers’ Chambers is offering a new service for claims up to £25,000 through fixed fee Private Neutral Evaluation. Echoing the FDR appointment in family proceedings, the scheme is being spearheaded by Philip Mantle and No5’s Business and Property Group. The scheme aims to give the parties to more...
Should I Arbitrate or Mediate in a Shipping Dispute?
A shipping dispute can range from relatively simple matters, such as disagreements over the transport of cargo involving fairly modest sums, to multi-jurisdictional claims involving multi-party contracts which may be more or less back-to-back. Yet no matter the size or complexity of the case, more...
Lux Mediation WIN 2019 Global Law Experts Award
2019 has had a busy and productive start to proceedings as we near the third month of the year – you could say a spring is firmly in our step with the declaration of Lux Mediation’s latest exciting news! We are pleased to announce that we have won the award for the Mediation Expert of the Year in more...
Dispute Resolution: Where have we come from and where are we going?
Well, it started with trial by combat– Quite literally, the physically stronger would win. We then progressed to the King’s or Queen’s justice – the Sovereign travelling the realm and personally administering justice to his/her subjects. With population growth it became the Sovereign’s Justices – more...
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