All Dispute Resolution articles – Page 12
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Feature
Tomorrow's world: AI and the autumn conference
Kurt Rowe reports back from this year’s autumn conference, with a rallying call to solicitors not to resist the sweeping changes that artificial intelligence will inevitably usher in.
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Feature
Interview: Tim Wallis, mediator and solicitor
We speak to independent full-time mediator Tim Wallis (http://www.tim-wallis.co.uk/) on his daily practice, including the selection process, his pre-mediation service, handling difficult clients, and what happens once the day is over. He also gives his best practice advice on making the mediation go as smoothly as possible.
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Analysis
Visions of the future: the post-Briggs consultation analysed
On 15 September, the Ministry of Justice (MoJ) opened its ‘Transforming our courts and tribunals’ consultation, which aims to put into effect many of the proposals put forward by Lord Justice Briggs in his Civil Courts Structure Review. It gives some useful insight into what the MoJ has in store ...
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Feature
All in proportion: the Brian May litigation
Deborah Burke examines the recent case of May & Anor v Wavell Group plc & Anor and the courts’ approach to costs in the era of proportionality.
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Analysis
Hayward v Zurich Insurance Company plc [2016] UKSC 48
Supreme Court holds that a settlement may be set aside for fraud even if fraud is suspected
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Analysis
Vilca v Xstrata [2016] EWHC 1824 (QB)
The High Court has held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure on strong grounds, although it chose not to in this case
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Analysis
Briggs' Review: the final verdict
Lord Justice Briggs - who will be speaking at our autumn conference on 29 September - has published the long-awaited final report on the Civil Courts Structure Review, making a series of recommendations intended to inform HMCTS’ current court modernisation programme. At 300 pages long, Gareth Raisbeck digests the details ...
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Feature
Interview: Nigel Broadbent, director, Lupton Fawcett
Nigel Broadbent, director and head of the Dispute Management Department at Lupton Fawcett in Leeds, discusses his approach to mediation, including preparation, handling resistant parties, the trends he’s seen over the last 10 years - and what he wished he known about the mediation process when he began his career ...
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Analysis
The tough gets going – again?
Two years after Denton took the sting out of Mitchell’s tail, could the courts be taking a tougher approach again to missing deadlines? Not necessarily, says James Perry, but the decision in Oak Cash and Carry is a salutary reminder that missed deadlines are usually a sign of deeper problems ...
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Feature
Brexit and the implications for data protection
With the existing data protection regime based on EU law, what does Brexit mean exactly for data privacy, asks Gareth Raisbeck
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Analysis
Novus Aviation Ltd v Alubaf Arab International Bank BSC [2016] EWHC 1937 (Comm)
Commercial Court rules that the full effect of part 36 was unjust when sterling value had recently fallen against the dollar.
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Feature
A beginner's guide to cross-border mediation
Cross-border mediation is a process where a mediator assists two or more parties to manage and resolve a multi-jurisdictional dispute within the EU. Vincent Adon, mediator and founder of London ADR, presents a beginner’s guide.
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Analysis
Disclosure developments after Pyrrho: a watershed for predictive coding?
Susan Monty, head of the Financial Crime, Civil Fraud and Regulatory team at Simons Muirhead & Burton, considers the future use of predictive coding in litigation following the Pyrrho judgment, and offers practical advice on what to do if you think your case might be suitable for e-disclosure.
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Feature
From the Library: Free online legal information - case law resources
Questions about case law are frequently received by the Library enquiry service. We have an extensive hard copy collection, but there are also plenty of free online resources that can help you with case law research.
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Feature
Mediation: Preparing to mediate (part 3) - After the event
In the third and final part of a three-part series on effective mediation strategies, Amanda Bucklow looks at strategies for getting the best out of the day, whatever the outcome.
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Analysis
Constitutional aspects of Brexit
Jonathan Haydn-Williams reviews of some of the constitutional issues to which the referendum vote gives rise.
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Feature
Interview: Garden Court Chambers mediation team
Helen Curtis and Liz Davies, barrister mediators in the Garden Court Chambers mediation team, discuss the role of barristers in mediation - both barrister mediators and barristers who attend a mediation on behalf of a client.
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Feature
The DWF paralegal hub: the new face of litigation?
A year ago, national law firm DWF overhauled its business model and introduced a range of new client services, including a centralised legal support centre with paralegals working on everything from e-disclosure to bundling. DWF director Julia Williams explains how this paralegal hub is transforming the way it undertakes litigation, ...