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NLJ this week: Advantages of compulsory arbitration in landlord-tenant disputes

11 August 2023
Issue: 8037 / Categories: Legal News , Property , ADR
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Is compulsory arbitration coming in landlord and tenant disputes? Edward Peters KC and Kavish Shah, barristers at Falcon Chambers, share their views in this week’s NLJ, as part of an ADR special focus

Peters and Shah write that the mandatory arbitration procedure for commercial leases that was introduced during the COVID-19 pandemic could provide a blueprint. One advantage is that arbitrators would need to have specialist expertise. The authors write that arbitrators in agricultural disputes, for example, would be appointed by specialist bodies, ‘ensuring that the person who is deciding such disputes comes to the dispute with an existing body of specialist knowledge. There is no doubt this can help facilitate the efficient, expeditious, cost-effective and just resolution of such disputes’.

Moreover, the benefits could reach beyond the parties involved, since compulsory arbitration would likely reduce the strain on the court system and save public resources. 

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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