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Anthony Monaghan Herbert Smith Freehills LLP

Anthony Monaghan

Results 1 to 5 of 37



Compulsory mediation launched in Italy's civil courts *

Italy - June 21 2010
The long-awaited legislative decree addressing "mediation aimed at conciliation of civil and commercial disputes" came into effect on 20 March.

Co-authors: Alexander Oddy, Mike McClure, Anita Phillips, Sonya Leydecker.


Validity of provision requiring one party to bear the costs of adjudication *

United Kingdom - June 21 2010
In Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720, the adjudication clause in a trade contract provided that if the contractor referred a dispute to adjudication, it would be liable for its own legal and professional costs and those of the employer, regardless of the eventual decision.

Co-authors: Alexander Oddy, Mike McClure, Anita Phillips, Sonya Leydecker.


Formal mediation scheme launched in relation to family proceedings *

United Kingdom - June 21 2010
Further to a pilot in 2009, a practice direction came into force in April 2010 that empowers civil courts hearing family law disputes to attempt to resolve appropriate cases through mediation.

Co-authors: Alexander Oddy, Mike McClure, Anita Phillips, Sonya Leydecker.


Improving access to ADR within the civil justice system *

Australia - June 21 2010
Australia's Federal Attorney-General has recently announced that the Government intends to introduce legislation implementing key recommendations from the National ADR Advisory Council's report into access to ADR.

Co-authors: Alexander Oddy, Mike McClure, Anita Phillips, Sonya Leydecker.


Master of the Rolls announces publication of mediation handbook *

United Kingdom - June 21 2010
At the fourth national conference of the Civil Mediation Council on 11 May 2010, Lord Neuberger of Abbotsbury, Master of the Rolls, endorsed the views expressed by Lord Justice Jackson in his final report on civil litigation costs where he called for "a serious campaign (a) to ensure that all litigation lawyers and judges are properly informed about the benefits which ADR can bring and (b) to alert the public and small businesses to the benefits of ADR."

Co-authors: Alexander Oddy, Mike McClure, Anita Phillips, Sonya Leydecker.


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