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Searching Content indexed under Litigation, Mediation & Arbitration by Clyde & Co ordered by Published Date Descending.
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1
Scotland: Commencement Orders For Civil Litigation Act Expected In Coming Months
The question of when the provisions of the Civil Litigation (Expenses and Group Proceedings) Act will come into force looks set to be answered.
UK
23 Aug 2019
2
The Singapore Convention On Mediation – A Commitment To Multilateralism
On 7 August 2019, Singapore hosted the signing ceremony for the "Singapore Convention on Mediation" (the "Singapore Convention").
Singapore
22 Aug 2019
3
Patient's Secret Recording Reveals Nurse's Lack Of Candour
When a medical professional is repeatedly dishonest about their interactions with a patient, is their fitness to practise impaired on public protection grounds
UK
19 Aug 2019
4
Road Traffic: Liability Apportionment Where Claimant's Speed Was ‘Grossly Excessive'
The High Court has provided guidance on the apportionment of liability where the Claimant's speeding motorcycle collided with the Defendant, who was attempting to complete a right turn when exiting a car park.
UK
15 Aug 2019
5
Regulatory Hearings – No Right To Remain Silent?
Sometimes it is better for a registrant not to give evidence to a fitness to practise panel. And they can do so safe in the knowledge that the panel cannot draw any adverse inferences – until now.
UK
13 Aug 2019
6
Accommodation Claims: Roberts v Johnstone Challenge To Be Handled As Test Case
The Court of Appeal has adjourned the appeal hearing of Swift v Carpenter to allow the parties to file additional expert evidence.
UK
9 Aug 2019
7
Singapore Convention On Mediation 2019: Embarking On A New Era In Alternative Dispute Resolution
On 7 August 2019, Singapore hosted the signing ceremony for the "Singapore Convention on Mediation", which is the first United Nations treaty to be named after Singapore.
Singapore
9 Aug 2019
8
Supreme Court Widens Access For Non-Parties To Litigation Documents
In Cape v Dring [2019] EWCA Civ 1795, the Supreme Court has made clear the breadth of the courts' jurisdiction to allow third parties to access documents held by the courts in relation to litigation
UK
8 Aug 2019
9
Supreme Court: Questions Referred To European Court Of Justice On X v Kuoni
In considering an appeal resulting from the sexual assault of a hotel guest, the Supreme Court has unanimously concluded that guidance from the Court of Justice of the European Union is required.
UK
8 Aug 2019
10
Will Diesel Emissions Fuel A Rise In Personal Injury Claims?
Evidence of the harmful effects of diesel emissions is growing, resulting in it being likened to another toxic ‘timebomb'. These developments are likely to require corporates
UK
8 Aug 2019
11
Whiplash Reforms: Questions Raised Over Details Of LiP Portal
The Justice Committee were not shy about raising criticisms during the progression of the Civil Liability Act, and they have maintained this position as the April 2020
UK
7 Aug 2019
12
Supreme Court: Guidance Given On Access To Documents For Non-Parties
The Supreme Court has confirmed the extent of a non-party's right to obtain documents used in court proceedings, and the principles to be applied when such a request is made.
UK
6 Aug 2019
13
The "ELIN" – Deck Cargo And Exclusion Clauses
The recent case of Aprile SPA v Elin Maritime Ltd ("The Elin")1 relates to a shipowners' ability under English law to exclude their liability for loss
UK
5 Aug 2019
14
Charterers Liable For Demurrage Despite Invalid NOR
A recently reported arbitration, London Arbitration 13/19, is a cautionary tale for charterers, and highlights the manner in which a defective Notice of Readiness could
UK
5 Aug 2019
15
Hacked Emails And Fraudulent Accounts – A Modern Tale
The increased digitalisation of commercial transactions has encouraged criminals to find new ways to defraud their
UK
5 Aug 2019
16
An End To The Criminal Standard Of Proof In Professional Oversight? It's Beyond Reasonable Doubt
The Legal Services Board (LSB) in England and Wales have changed the standard of proof in misconduct proceedings
UK
5 Aug 2019
17
Costs: Successful Appeal To High Court's Better Judgment On Part 36
The High Court has overturned a decision which held that the Court may apply the 'injustice' test separately for each part of CPR 36.17(4).
UK
31 Jul 2019
18
China, Italy, The European Union And The "Belt And Road Initiative"
China's multibillion dollar Belt and Road Initiative (the "BRI") was first launched in 2013 in a bid to connect Asia, Africa and Europe through a series of overland corridors and maritime shipping
Worldwide
29 Jul 2019
19
Don't Let The Bed Bugs Bite!
Bed bugs have been around since the dawn of time; originally, they were using bats as hosts and began feeding on humans while we were
UK
23 Jul 2019
20
Whiplash Reforms: Children And Protected Parties Exempt From Small Claims Track Increase For Now
The Government has confirmed that children and protected parties will be exempt from the small claims track increase for road traffic injury claims for now.
UK
22 Jul 2019
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