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UK: post Jackson reforms – are mediation costs recoverable?
Under Lord Justice Jackson's costs reforms, the multi-track costs budget (Precedent H) requests details of the costs of ADR/settlement discussions. …
CIArb launches specialist property disputes service in the UK
The Chartered Institute of Arbitrators (CIArb) has launched its Property Disputes Appointments Service (PDS) in the UK. This service builds upon …
Improving consumer protection on a European level
Consumer rights have received further support with the announcement that the UK will adopt the proposed Directive on Alternative Dispute …
UK: Jackson ADR Handbook published
The publication today by OUP of the "Jackson ADR Handbook" (the Handbook) forms part of the suite of measures introduced earlier this month to …
UK: Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice
The UK High Court has ruled that an adjudicator had jurisdiction to make two decisions despite the fact that the responding party (Newlon) did not …
Scotland: Court of Session refuses to enforce adjudicator's award on human rights grounds
In an unexpected judgment, the Scottish courts have refused to enforce an adjudicator's decision on the grounds that to do so would be an unjustified …
English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation
In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord …
UK adjudication: Construction Act "Residential Occupier" exception considered by High Court
The "residential occupier" exception to the compulsory adjudication provisions in section 106 of the Housing Grants, Construction and Regeneration …
UK High Court reviews whether a company can be wound up for failure to comply with adjudication award
In a judgment only recently published via the Building Law Reports, the High Court has ruled that a winding up procedure applicable to companies …
UK adjudication: first case of 2013 on natural justice
The English High Court has ruled that there was nothing improper, in a case involving successive adjudications, for a second adjudicator to look at and …
Permission to appeal granted where trial arguably unfair as a result of judge acting as "mediator"
In a short judgment dated 11 December 2012 which is yet to be formally published, the Court of Appeal granted a claimant permission to …
UK: adjudicator allowed to rule on his own jurisdiction
If parties agree that an adjudicator can determine his own jurisdiction and that his decision will be binding on them, then, on an application for …
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