David Phillips

Permission to appeal granted where trial arguably unfair as a result of judge acting as “mediator”

United Kingdom - January 29 2013 In a short judgment dated 11 December 2012 which is yet to be formally published, the Court of Appeal granted a claimant permission to appeal on the…

High Court comments on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as "Cropton Brewery") [2011] EWHC 1879 (CH)

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.

Ajay Malhotra, Alexander Oddy, Emily Lew, Mike McClure, Sonya Leydecker.

Kuala Lumpur Regional Centre for Arbitration (KLRCA) revises its mediation/conciliation rules

Malaysia - September 6 2011 KLRCA, in collaboration with the Malaysian judiciary and the Malaysian Mediation Centre's committee members, recently revised its Mediation/Conciliation Rules, demonstrating its support for mediation as a form of ADR.

Ajay Malhotra, Alexander Oddy, Emily Lew, Mike McClure, Sonya Leydecker.

New Australian Civil Dispute Resolution Act comes into force

Australia - September 6 2011 The new Australian Civil Dispute Resolution Act 2011, which applies to all federal civil law matters and came into force on 1 August 2011, encourages parties to take ‘genuine steps’ to resolve their disputes before commencing certain proceedings in the Federal Court of Australia or in the Federal Magistrates Court.

Ajay Malhotra, Alexander Oddy, Emily Lew, Mike McClure, Sonya Leydecker.

Adjudicator answers correct question, so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd [2011] EWHC 1561 TCC

United Kingdom - 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.

Ajay Malhotra, Alexander Oddy, Emily Lew, Mike McClure, Sonya Leydecker.