Alternative Dispute Resolution in Civil in UK Law
Leading Cases
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Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
... ... Command Council of Iraq adopted a resolution dissolving KAC and transferring all its property ... 14 KAC does not dispute these propositions. Nor does KAC contend that the ... Articles 192 to 201 of the Iraqi Civil Code provide remedies for the civil wrong of ... KAC further submitted, in the alternative, that to discharge the onus of proof imposed upon ... ...
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Rookes v Barnard
... ... ' acts were done in furtherance of a trade dispute ... 7 Certain agreed questions were put to the ... ' Panel of the National Joint Council for Civil Air Transport which contained an undertaking that ... 10 When this resolution was presented to B.O.A.C. they suspended the ... The alternative analysis which has, I confess, appealed to me ... ...
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Halsey v Milton Keynes General NHS Trust
... ... COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM (1) Milton Keynes ... he has refused to take part in an alternative dispute resolution ("ADR") ? There seems to be ... ...
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R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
... ... 1 In the determination of his civil rights and obligations or of any criminal charge ... question has arisen as to whether a dispute over administrative law matters of the present ... The alternative to these procedures would effectively involve the ... acts of a body which is engaged in the resolution of such a claim or dispute and the acts of an ... ...
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Legislation
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Courts Reform (Scotland) Act 2014
... ... Appeal Court; to make provision about civil court procedure; to make provision about appeals ... jurisdiction is concurrent with, and alternative to, the sheriff's local jurisdiction ... (3) ... (a) is able to identify the issues in dispute, ... (b) may facilitate negotiation between or ... and the use of alternative dispute resolution procedures,(ii) action to be taken before such ... ...
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The Insolvency (England and Wales) Rules 2016
... ... ; bankruptcy) ;“CPR” means the Civil" Procedure Rules 1998 ;“credit reference agency\xE2\x80" ... of subsection (1) ; and“written resolution” in respect of a private company refers to a ... award made under any arbitration or other dispute resolution procedure which the liquidator has ... that the petitioner has made suitable alternative arrangements for the payment of the deposit and ... ...
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Children and Families Act 2014
... ... been laid before, and approved by a resolution of, each House of Parliament, and(b) accordingly ... blood (including half-blood) , marriage or civil partnership;(b) any former guardian of the ... disputes, for trying to resolve any dispute to which the particular application ... sector;(e) pupil referral units;(f) alternative provision Academies ... (3) The appropriate ... ...
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Sentencing Act 2020
... ... (1) (b) are subject to the negative resolution procedure ... Annotations: Modifications etc ... order was made has been held in civil proceedings to be less than it was taken to be ... or transferred under the order is not in dispute ... (7) A restitution order is to be treated as ... brought under paragraph 4(2) (“the alternative court”) is not the appropriate court.(2) The ... ...
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Books & Journal Articles
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Belt and Road Initiative: the interplay between corruption, plea-bargaining and civil alternative dispute resolution
Purpose: This paper aims to determine whether a connection can be formed between corruption, plea-bargaining and civil alternative dispute resolution. Design/methodology/approach: Academic article...
- Alternative Dispute Resolution and Civil Justice: An Unresolved Relationship
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Religious Diversity in the Workplace: The Case for Alternative Dispute Resolution
The workplace is a focal point for debates about religion and public life. This article examines the question of religion at work, and how to fairly resolve the conflicts it generates. Specifically...... ... In Ladle v London Borough of Islington (2009), a Christian civil registrar officer objected to officiate for civil partner- ship ceremonies of same-sex couples. 18 In McFarlane v relate Avon Ltd (2010), a ... ...
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The Financial Ombudsman Service: not just an alternative to court
Purpose: The Financial Ombudsman Service is a statutory body offering a dispute resolution service to consumers and firms. The purpose of this paper is to outline the service as an alternative to t...... ... Service is a statutory body offering a dispute resolutionservice to consumers and firms. The ... outline the service as an alternative tothe civil courts.Design/methodology/approach – The paper ... disputes, but to assisting the resolution of them asearly as possible; and attempting to ... ...
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Law Firm Commentaries
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Media and Mediation: Libel
... ... the responses to the Green Paper on alternative dispute resolution in civil and commercial law ... ...
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ADR/ODR Regs and 261 Claims – Airline Compliance
The Civil Aviation Authority (CAA) is policing compliance by airlines with new laws designed to encourage the use of alternative dispute resolution (ADR) and online dispute resolution (ODR). The CA...... The Civil Aviation Authority (CAA) is policing compliance ... laws designed to encourage the use of alternative dispute resolution (ADR) and online dispute ... ...
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English Court of Appeal Holds that Courts Are Empowered to Order Early Neutral Evaluation
In its August 6, 2019, judgment in Lomax v Lomax [2019] EWHC 1467, the English Court of Appeal (“CA”) reversed a High Court decision holding that the courts lack the power to compel parties to enga...... ... early neutral evaluation, a form of alternative dispute resolution, under the English Civil ... ...
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Complex Commercial Litigation Law Review - Fifth Edition - England & Wales
The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern ever...... ... commercial litigation) to explaining the dispute resolution process, the remedies that might be ... e Civil Procedure Rules (CPR) that apply to English civil ... Models of alternative dispute resolution are also well established ... ...
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Forms
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... *[section 48(2) of the Civil Partnership Act 2004 for the Court to consider ... mediation, or another form of non-court dispute resolution, would be a more appropriate ... ...
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Court of Appeal mediation scheme - combined form 56A and 56B
Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... of mediation is to help parties in dispute to resolve their differences, in whole or in ... to terminate the mediation by informing the Civil Appeals Office or the ... administrators of the cheme – Centre for Effective Dispute Resolution (through its service arm CEDR) at any ... The ... mediation or some other form of alternative dispute resolution should be attempted. See also ... ...
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Form A1
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... 2 of Schedule 5 to the Civil Partnership Act 2004 or paragraphs 1 or 2 of ... mediation, or another form of non-court dispute resolution, would be a more ... appropriate ... ...
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Form A
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... Schedule 5 to the Civil Partnership Act 2004 or paragraphs 1 or 2 of ... mediation, or another form of non-court dispute resolution, would be a more appropriate ... ...
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