header-logo header-logo

02 December 2020
Issue: 7913 / Categories: Legal News , Brexit , Procedure & practice , ADR
printer mail-detail

Brexit & alternative dispute resolution

Laws around confidentiality, enforceability and limitation periods in mediation agreements will be affected when the Brexit transition period ends this month, the Law Society has warned practitioners.

It published guidance last month on cross-border alternative dispute resolution (ADR) post-transition. The guidance, which will apply whether or not the UK and EU agree a deal, highlights that the 2011 Regulations implementing the EU Mediation Directive will be repealed and replaced on 1 January.

The free European Online Dispute Resolution platform for online sales and contracts will no longer be available to UK businesses and consumers. Arbitration will be largely unaffected post-transition.

Last week, a cohort of law societies and business groups wrote to the European Council president, Charles Michel and other EU leaders urging them to readmit the UK to the Lugano Convention post-transition. Law Society president David Greene said Lugano, which clarifies which national courts have jurisdiction, ‘makes dispute resolution more accessible’.

Issue: 7913 / Categories: Legal News , Brexit , Procedure & practice , ADR
printer mail-details

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll