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Dispute Resolution - Legal Updates

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Mar
20
2012

Credit Hire Companies -v- the Motor Insurance Market
#Dispute Resolution

When someone is an innocent victim in a motor accident, they are generally entitled to a replacement vehicle whilst their damaged vehicle is being repaired and to recover the costs from the other driver`s insurer. To avoid the upfront hire charges, some people choose to hire the replacement vehicle on credit terms from a credit hire company and leave it to them to recover the hire costs from the other driver`s insurer through the Court if necessary....

Feb
07
2012

Dilapidations Protocol Becomes Law
#Dispute Resolution

For some years` the "Pre-action Protocol for claims for damages in relation to the physical state of commercial property at termination of a tenancy" - better known as "the Dilapidations Protocol" has been followed imperfectly (if at all) by landlords, tenants, surveyors and solicitors....

Jan
12
2012

Using Declaratory Judgments in Favour of Arbitration Agreements
#Dispute Resolution

An arbitration tribunal will have jurisdiction to hear a dispute if there is a valid arbitration agreement between the parties that covers the dispute in question. Most national arbitration laws recognise that a properly constituted arbitration tribunal has the same authority as a national Court to determine its own jurisdiction. A national Court must therefore be very reluctant to hear an application to decide whether or not there is a valid arbitration agreement between the parties before the arbitration tribunal can consider the issue....

Jan
10
2012

Consultations by Public Bodies - The Need to Get it Right First Time
#Dispute Resolution

The recent decision Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts [2011], a case involving the judicial review of a decision by a public body for failing to consult properly, is noteworthy for several reasons. Firstly, it is the first instance where a Judicial Review has been brought by one public body against another. However, of greater significance for all public bodies, the case is a salutary warning for all public bodies to ensure that when a consultation is carried out, that it is carried out correctly. In this case, the Royal Brompton & Harefield NHS Foundation Trust ("RBHT") succeeded in obtaining a quashing order on a consultation carried out by the Joint Committee of Primary Care Trusts ("JCPCT") because the consultation was held to be unlawful....

Jan
10
2012

Dealing With Ambiguities in Commercial Contracts
#Dispute Resolution

English contract law is as old as the English common law itself. Contract law is also the foundation for almost every business transaction. It may therefore come as a surprise to learn that the English courts` approach to the interpretation of commercial contracts continues to be subject of legal arguments....

Jan
10
2012

Promoting ADR in Consumer Disputes
#Dispute Resolution

The European Commission ("EC") has recently adopted two new proposals designed to promote the use of alternative dispute resolution ("ADR") in resolving consumer disputes. The EC has a long history of legislating to protect consumers and providing them with greater access to justice. These proposals can be seen as further efforts by the EC to assist consumers in obtaining justice....

Nov
09
2011

The UK is best value for international arbitration
#Dispute Resolution

The UK came out top in a recent survey conducted by the Chartered Institute of Arbitration on the cheapest place in Europe to hold an international arbitration....

Sep
30
2011

Environmental Class Action blocked by Courts
#Dispute Resolution

In Austin & Others -v- Miller Argent (South Wales) Ltd [2011] EWCA Civ 928, the Court of Appeal has upheld a decision to refuse a Group Litigation Order ("GLO") in respect of a claim by more than 500 residents who were trying to impose controls on a land reclamation scheme near Merthyr Tydfil. A GLO is the means of bringing a class action in England and Wales and usually involves combining numerous low value claims in a single law suit thereby reducing the legal costs of bringing multiple claims....

Sep
26
2011

Court imposes prison sentence for making false statements
#Dispute Resolution

A recent case serves as a timely reminder of the serious consequences that can follow if a person includes a statement in a witness statement or other Court document which they know to be untrue. In legal proceedings, the parties are required to verify certain Court documents by signing what is called a "Statement of Truth". This is a statement that the individual honestly believes that the information in the document is true....

Sep
13
2011

Mediation in the European Union
#Dispute Resolution

For many years, mediation has been an important part of dispute resolution in the UK. Mediation offers a cost-effective and confidential way for parties to settle their differences and often enables parties to maintain ongoing business relationships which could be irretrievably damaged if the dispute proceeded to a full Court trial....

Sep
13
2011

Appointment of Arbitrators - Freedom of Choice v Equality Regulations
#Dispute Resolution

One of the many advantages of arbitration over court proceedings is the flexibility of the process. The parties are able to agree most aspects of the conduct of the arbitration to suit their needs and the nature of the dispute. For example, parties can agree the venue of the hearings, the language of the hearings and how evidence is presented to suit their particular requirements....

Sep
13
2011

Renewable Energy, Judicial Review and Human Rights
#Dispute Resolution

For the first time, the Court has awarded what may turn out to be substantial damages to an energy supplier for the breach of their human rights by the Office of the Gas and Electricity Markets ("OFGEM")....

Sep
09
2011

Judicial Review - Important Costs Update
#Dispute Resolution

The Court of Appeal has recently reversed a longstanding rule on the recoverability of legal costs in judicial review proceedings. This is an important development which public bodies need to bear in mind if threatened with judicial review....

Aug
09
2011

Flying into trouble
#Dispute Resolution

A contract often contains a degree of flexibility about whether one of its terms must be complied with. Blackpool Airport Limited (BAL) recently found out that such clauses don`t necessarily give as much wriggle room as might be thought. BAL agreed with low cost airline Jet2.com to "co-operate together and use their best endeavours to promote Jet2.com`s low cost services from [Blackpool Airport]" and to "use all reasonable endeavours to provide a low cost base to facilitate Jet2.com`s low-cost pricing". The parties` obligations governing their 15 year agreement were set out in a short letter drafted, according to the court, "with little legal assistance"....

Jul
27
2011

A Single European Contract Law?
#Dispute Resolution

The single European currency may be undergoing a difficult period, but the European Commission is nevertheless pressing ahead with its plans for the formation of a single European contract law aimed at supporting trade across countries within the European single market....

Jul
19
2011

A Brief Overview of the Law Relating to Late Delivery
#Dispute Resolution

When purchasing a car, consumers want their new vehicle as soon as possible. If you look at any internet car forum or motoring magazine these days, it is not uncommon to find complaints about the late delivery of new vehicles and enquiries about what legal action consumers can take....

Mar
03
2011

Update and clarification on recoverability of damages
#Dispute Resolution

When companies do business with one or another there is nearly always a contract involved. Differences often arise between the parties and ultimately one party may deem the other`s behaviour to be such that it has breached the contract and sues the breaching party for losses it has suffered....

Mar
03
2011

Binding contracts created by email
#Dispute Resolution

In the recent decision of Nicholas Prestige Homes -v- Neal (2010) the Court of Appeal confirmed that a contract will be validly created by an email exchange between the parties....

Mar
03
2011

Proposed reform of the Brussels Regulation
#Dispute Resolution

When the political entity which became the European Union was created in the 1950`s, one of its major innovations was to provide for the easy enforcement of Judgments between member states....

Feb
11
2011

Terms and Conditions "available on request"
#Dispute Resolution

A recent case put a new twist on the age old question of whether one party`s terms and conditions apply to a contract, sometimes known as ‘the battle of the forms`. This issue can be of crucial importance because a customer`s claim that might otherwise succeed can fail under "pro-supplier" terms and vice versa....

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