All Dispute Resolution articles – Page 13
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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, ...
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Feature
Managing fixed costs in clinical negligence work
The government’s plans to introduce fixed recoverable costs for clinical negligence claims have been delayed, but are unlikely to be on hold for long. If this is the direction of travel, argues Rebecca Thomas, director in clinical negligence at Duncan Lewis, here’s how to make the regime work.
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News
HMCTS update: Help with Fees service
HMCTS has made some important changes to its Help with Fees process, the service that provides financial help for people on benefits or low income to pay for their court fees
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Feature
A2J: The case against the government’s whiplash reform proposals
Access to Justice (A2J) is leading the charge against the government’s plans to raise the small claims limit for PI claims. Here, A2J chair Martin Coyne explains why the evidence justifying the reforms is flawed - and how solicitors can get involved in their campaign.
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Feature
MoJ whiplash proposals: there is a better way
Lawyers have been waiting anxiously for the Ministry of Justice’s consultation paper on its proposed whiplash reforms. Whilst this may seem a minor matter in light of national events, the paper will signal the start of a process that may have a greater impact upon the legal and claims sector ...
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Feature
ACL member survey results are in!
Iain Stark, chairman of the Association of Costs Lawyers, comments on the findings of this year’s member survey. What does it tell us about the state of the costs management regime in 2016?
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Feature
Why you need to get to grips with time recording
Claire Green of the Association of Costs Lawyers explains why fee earners must recognise the importance of proper time-recording.