Tag Archives: enforcement

EU Parliament Resolution on the implementation of the Mediation Directive

The EU Parliament has adopted a Resolution on the implementation of the EU Mediation Directive (2008/52/EC), containing recommendations aimed at increasing the use of mediation in civil and commercial disputes throughout the EU. The Resolution follows a 2016 report by the EU Commission … Continue reading

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Filed under Government proposals and consultations, Mediation (General), Mediation Directive

Public consultation on mediation in the EU

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives and to consider whether any changes to the Directive are appropriate. Responses to the consultation will … Continue reading

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Filed under Europe, Government proposals and consultations, Mediation Directive

ADR Practical Guide No. 8: Resolving disputes with HMRC

We are pleased to publish the eighth guide in our series of ADR Practical Guides, designed to provide clients with practical guidance on various processes falling under the banner of alternative dispute resolution, with a particular focus on mediation. Guide No. 8: ‘Resolving disputes … Continue reading

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Filed under Herbert Smith Freehills news, Mediation (General), Tax, UK

Australia : Enforceability of heads of agreement following mediation

Following a successful mediation, parties usually prepare a formal agreement to record what was agreed.  In some situations, the parties may initially prepare a less formal document, sometimes called a ‘heads of agreement’.  Whether a heads of agreement is enforceable … Continue reading

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Filed under Australia, Mediation (General)

UK Court of Appeal finds solicitor not negligent for failing to ensure legal enforceability of terms agreed at mediation

In a decision that will be of comfort to legal advisers representing clients at mediation, the Court of Appeal has upheld a finding that a solicitor was not negligent for failing to ensure the legal enforceability of handwritten terms signed … Continue reading

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Filed under ADR, Mediation (General), UK

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 receive the referrals when they were served on the adjudicator. The court also rejected Newlon’s … Continue reading

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Filed under Adjudication, ADR, UK

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 interference to a paying party’s right to peaceful enjoyment of his possessions. Although only of … Continue reading

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Filed under Adjudication, UK

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 Act 1996 (the Construction Act)  is intended to benefit only those who occupy or intend to occupy a property as their … Continue reading

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Filed under Adjudication, ADR, UK

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 should not be used where there is a triable issue as to the validity of an … Continue reading

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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 have regard to an earlier adjudicator’s decision. This did not breach the rules of natural … Continue reading

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Filed under Adjudication, UK