Richard Butler
Solicitor, Professor of Dispute Resolution, Chartered Arbitrator and Commercial Mediator
You are here > Home News Archive
1 October 2009
David Shapiro
It was announced that one of the leading figures in English mediation, David Shapiro, has died.
Click
for more information
1 October 2009
500 firms fall into the assigned risks pool
Solicitors' PII premiums result in firms closing and falling into the ARP by default.
Click
for more information
1 October 2009
Arbitration award in favour of Kevin Keegan
Kevin Keegan was awarded GBP2 million against Newcastle United for constructive dismissal.
Keegan v Newcastle United Football Club Ltd1 September 2009
Settlement of small claim pre-action
Having settled a claim at GBP 750 before proceedings started on the basis that the defendant would pay standard basis costs, the question arose in costs only proceedings how the costs should be assessed. The settlement amount was within the small claims limit so that, if proceedings had been issued, fixed costs only would be allowed. Master Campbell ordered an assessment of standard basis costs at an amount equivalent to fixed costs.
Stillwell v Clancy Docwra Plc [2009] EWHC 90148 (Costs)25 August 2009
Cost penalties for failing to mediate
In the South African High Court, the court's displeasure at the parties and their lawyers for failing to attempt mediation led to each party having to bear their own costs and the attorney fees being capped at the inter parte rate.
Brownlee v Brownlee 2008/25274August 2009
OFT raises no concerns about planned new Higher Rights regime
Click
for more information
21 July 2009
John W. Cooley
It was announced that John W. Cooley, a leading US mediation and arbitration practitioner (and author of books on advocacy in mediation and in arbitration) has died.
Click
for more information
15 July 2009
Woman accused of biting mediator
A woman was bailed on a charge of biting a mediator in a court ordered mediation.
Click
for more information
13 July 2009
Anti-suit injunctions and non-exclusive jurisdiction agreements
There is no presumption that to issue parallel proceedings in a different country to that named in a non-exclusive jurisdiction clause is an abuse of process
Deutsche Bank AG v Highland Crusader Offshore Partners LP [2009] EWCA Civ 725 CA19 May 2009
Mediator summoned to give evidence about mediation
The TCC declined to set aside a witness summons issued against a mediator requiring her to give evidence in proceedings in which it was claimed that the mediation settlement agreement was vitiated by economic duress.
Farm Assist Limited v The Secretary of State for the Environment, Food and Rural Affairs (No.2) [2009] EWHC 1102 (TCC)18 March 2009
Privy Council guidance on implied terms
The Privy Council treats the different approaches to the implication of terms as part of the process of determining what the agreement should reasonably be taken to mean against the relevant background.
Attorney General of Belize v Belize Telecom Ltd [2009] UKPC 10; [2009] 1 WLR 1988 PC10 February 2009
No anti-suit injunction to restrain proceedings in EC member state
The court of a member state cannot grant an anti-suit injunction to restrain proceedings in the court on another EC member even if the injuncting court is acting to restrain a breach of an arbitration agreement.
Case C-185/07 West Tankers Inc v Alliance SpA [2009] 3 WLR 696 ECJ23 January 2009
Interest under s 35A is a Remedy
The question whether the claimant has a legal right to interest on damages depends on the law which governs the substance, but since interest under s 35A Supreme Court Act 1981 is a procedural matter, the English court had the discretion to award interest under that provision.
Maher v Groupama Grand EST [2009] EWHC 38 (QB)
