29 results
10 Aug 2021 14:49
GTDT Mediation 2021 – IntroductionHistory As I write this year’s Introduction, part of the world is still in lockdown due to covid-19 and that gives rise to certain special considerations, which will be discussed below. Mediation is the most popular of a range of dispute resolution methods covered by the acronym ‘ADR’: alternative more...
7 Jul 2021 11:06
We are RecruitingIf you are a member of the Bar or a 3rd six pupil, seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range more...
5 Jul 2021 14:38
Preparing for mediationThe advantages of mediation over litigation are many, including the chance to solve a dispute quickly, greatly reduced costs and the opportunity to salvage a profitable business relationship. To make the most of mediation, it is a good idea to prepare in advance. This includes clearly identifying more...
20 May 2021 12:30
London International Disputes WeekLIDW (London International Disputes Week) 2021 – we have just completed a stimulating week of morning to evening sessions on a diverse range of topics of greatest interest to all of us engaged in dispute resolution. Thus and to mention just some of the fascinating sessions I participated in: – more...
11 May 2021 11:45
How to get the best from a remote mediationMost cases suitable for mediation can be mediated remotely. Below are some tips to help you and your clients to get the most from remote mediation: 1. If not already familiar with the wider benefits of mediation, consider devoting some Continuing Professional Development (CPD) hours to improving more...
11 May 2021 11:12
**We are Recruiting**If you are a member of the Bar seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range of areas of civil and more...
4 May 2021 14:39
Wills and Estates: Early Neutral Evaluation service from 3PB BarristersJudges are increasingly asking parties to use Alternative Dispute Resolution to resolve disputes. Whilst mediation has been the traditional route taken to achieve this; we are seeing a significant rise in the use of Early Neutral Evaluation (ENE) in contested probate cases. Use of ENE can often help more...
19 Apr 2021 15:17
David Parratt QC (Scot) and law firm Brodies talk of Brexit and the future of business disputes in EuropePB’s international arbitration expert David Parratt QC (Scot) joins forces with Ken MacDonald from law firm Brodies LLP to record a podcast for Brodies latest episode in their ‘’Building Resilience Series’’. In this podcast David Parratt and Ken MacDonald discuss what the impact of the UK’s new more...
13 Apr 2021 10:46
Using mediation to resolve disputes arising from major incidentsThe “Ever Given” blocking the Suez Canal for almost a week, leading to delays for over 400 vessels and rerouting for some, has brought shipping and international trade into the news spotlight. The old-fashioned system of holding substantial inventory stock, which was seen as more capital intensive, more...
6 Apr 2021 10:36
Using mediation to resolve high-stakes disputesTiming can be everything with market conditions, particularly when moving from the spot to the period charter trade, to protect your revenue and lock in a good rate when the spot trade may tank. SK Shipping timed that move well with four of its very large crude carrier tankers, when fixing all of more...
23 Feb 2021 16:10
Using mediation to resolve complex but modest valued disputesWith market conditions having substantially impacted revenue, expenses and profitability, it is often the case that parties feel a need to try to recover every dollar possible. This is despite the fact that the amount of money that may be involved in a dispute, in relative terms, is quite modest more...
4 Feb 2021 16:52
New online dispute resolution discussion group for maritime transport and trade professionalsA new discussion group has been set up on the networking platform for shipping, transport, trade, legal and insurance professionals known as FOB. The group will look at all aspects of dispute resolution and will be moderated by award-winning mediator, arbitrator and founder of Lux Mediation, more...
5 Oct 2020 16:26
How much do we value effective participation in justice?If we really value effective participation in justice should we pause remote hearings involving real people as soon as we can? And use that pause to work out whether and if so, how, remote justice can work for defendants, witnesses and plaintiffs? Because evidence is mounting through the pandemic more...
International Arbitration: Legal professional privilege or professional secrecy.
The idea of Legal Professional Privilege (LPP) is one of the core concepts of the different legal systems worldwide. It has a different connotation in common law jurisdictions (legal professional privilege) and civil law jurisdictions (professional secrecy). The concept of Attorney-Client (United more...
Can we access video-enabled justice?
The history of video court hearings in this country goes back quite a long way – much longer than you would imagine from the scramble to get video and phone hearings up and running during Covid 19. Prison to court video links have been around since 1999 but police station to court links are more more...
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...
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...
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...
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