Legal articles

Mediation - Prometheus Bound?

Posted by Philip Harris on January 12 2017 in Mediation & arbitration

So it is, that in the established Church of England and of Wales, mediation has been referred to twice daily for over 450 years. This is worth mentioning because in the modern multi-cultural and multi-faith society of England, there is a tendency to see mediation as something relatively new and even as an import from the USA, first introduced in the 1980s.

Adjudication for All

Posted by Philip Harris on January 12 2017 in Mediation & arbitration

Part 2 of the Housing Grants, Construction and Regeneration Act 1996 relates only to construction contracts (as defined in the Act). Yet it has a significance for dispute resolution and a potential impact on future legislation which is remarkable.

The immediately available arbitrator

Posted by Philip Harris on January 10 2017 in Mediation & arbitration

In 1995 I wrote an article entitled "Immediate Arbitration". The idea behind it was to exploit the full flexibility of the arbitration process. Arbitration did not have to be a highly formal, inflexible procedure similar to litigation. It did not have to be deferred until after practical completion.

Rethinking arbitration; arbitration on the back foot

Posted by Philip Harris on January 9 2017 in Construction & engineering, Mediation & arbitration

My purpose is to generate debate. In England, by 1996, the arbitration process had failed the construction industry. This failure spawned the Housing Grants, Construction and Regeneration Act 1996 (HGCRA), which created the statutory right to adjudicate all disputes arising under a very wide range of construction contracts and provided a fast-track system of dispute resolution at relatively low cost compared with arbitration.

The effectiveness of adjudication where the claimant is in insolvent liquidation

Posted by Philip Harris on January 9 2017 in Mediation & arbitration

As long ago as July 2000, Lord Justice Chadwick in the case of Bouygues (UK) Limited –v- Dahl-Jensen (UK) Limited [BLR 2000, 522] recognised that an Adjudicator’s decision should not be enforced by summary judgment where the Claimant had subsequently gone into insolvent liquidation and where there were claims and cross-claims between the two parties.

Ilott v Mitson inheritance dispute landmark ruling

Posted by Martin Oliver on December 13 2016 in Contesting a will

The Inheritance (Provision for Family and Dependants) Act 1975 provides a framework to ensure that the standard entitlement which a child should expect as ‘reasonable provision’ from a deceased parent’s estate is assessed consistently taking into consideration the claimant’s income, outgoings and savings.