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HMRC publishes litigation and settlement strategy and ADR draft guidance
- Herbert Smith Freehills LLP
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- United Kingdom
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- September 6 2011
HMRC is seeking comments on the draft guidance to staff for the implementation of the revised litigation strategy published in July 2011
Responses to government's consultation on Solving Disputes in the County Courts
- Herbert Smith Freehills LLP
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- United Kingdom
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- September 6 2011
The new Dispute Resolution Commitment is the latest in a series of government moves to encourage the use of ADR mechanisms, including negotiation, mediation and neutral evaluation
Adjudicator answers correct question, so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd 2011 EWHC 1561 TCC
- Herbert Smith Freehills LLP
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- United Kingdom
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- September 6 2011
Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, brought by a contractor against an employer
Court of Appeal rules that expert has no jurisdiction in Barclays Bank Plc v Nylon Capital LLP 2011 EWCA CIV 826
- Herbert Smith Freehills LLP
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- United Kingdom
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- September 6 2011
In this case, the Court of Appeal considered whether there should be a stay of court proceedings pending expert determination under an agreement between the parties
High Court comments on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as "Cropton Brewery") 2011 EWHC 1879 (CH)
- Herbert Smith Freehills LLP
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- United Kingdom
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- September 6 2011
The High Court has held that Cropton Brewery infringed Samuel Smith's registered trade mark for a stylised white rose device and committed passing off by using one of its labels incorporating a white rose device for "Yorkshire Warrior" beer
Government publishes research on judicial mediation in employment tribunals
- Herbert Smith Freehills LLP
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- United Kingdom
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- June 8 2011
The Ministry of Justice has published the results of an evaluation of the judicial mediation service piloted in three regions of England by the Employment Tribunal Service
Scottish courts re-examine the scope of adjudicator's decision
- Herbert Smith Freehills LLP
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- United Kingdom
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- January 31 2011
In the 2010 case of WH Malcolm v AMEC 2010 CSOH152, the Scottish Outer House Court of Session returned to an often-raised subject, namely the scope of an adjudicator's decision
