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or not the UK and EU agree a deal, highlights that the 2011 Regulations implementing the EU Mediation Directive will be repealed and replaced on 1 January.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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll