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Results: 1-10 of 54

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
  • United Kingdom
  • 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


Parties reach settlement in long-running Wembley litigation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 22 2010

This summer, the dispute between Brookfield Construction (formerly Multiplex Construction) and Mott MacDonald (2010 EWHC 659 (TCC)) finally settled


Pros and cons of common ADR processes
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 2 2012

We set out in this document a short discussion of the advantages and disadvantages of some of the most common dispute resolution processes under the


Scottish courts re-examine the scope of adjudicator's decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • 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


UK: further case on enforcement and severability of adjudicator’s decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 16 2012

In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction 2012 EWHC 1039 and Beck v UK Flooring 2012 EWHC 1808 (TCC)) the English High Court has ruled that an adjudicator’s decision can be enforced in part only, severing the part reached without jurisdiction


Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim


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
  • United Kingdom
  • 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


New guidance on workplace mediation produced by the TUC and ACAS
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

In a newly published document entitled "Mediation: A guide for trade union representatives", ACAS and the TUC provide guidance in relation to the use of mediation in workplace disputes, with a view to raising awareness amongst trade union representatives of the benefits of mediation


Coalition government announces plans to promote greater recourse to ADR
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

The UK coalition government has publicly committed to a greater use of mediation and other forms of ADR in the civil justice system (see the Ministry of Justice website for more details


CEDR launches mediation service in Northern Ireland for smaller disputes
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 31 2011

On 21 October 2010 CEDR launched its CEDR Solve Northern Ireland Mediation Service