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Jonathan Haydn-Williams
 

How can Spice Girls, Coldplay and Rolling Stones lyrics help in mediation?

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Spice Girls: The mediator may ask the parties - or they may ask themselves - what they want. The next question should be "what do you really REALLY want" (followed by asking why they really really want it). Coldplay: Next the mediator can remind...

A Restatement of the English Law of Contract

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'A Restatement of the English Law of Contract': Andrew Burrows and an Advisory Group: Oxford University Press 2016. The first US 'Restatement of Contracts' was published by the American Law Institute in 1933, with the second edition in 1981....

A dispute resolution clause could solve the Brexit impasse

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A dispute resolution clause could solve the Brexit impasse. The Attorney-General is in Brussels to seek the amendment of the 'backstop'. The EU says it won't amend the Withdrawal Agreement, so some form of add-on is needed. The 'backstop'...

You can't hear a PIN drop

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Silence in which you can hear a pin drop is not a feature of Brexit. However, any half-experienced negotiator or mediator will recognise the acronym PIN, standing for Positions, Interests, Needs. A classic approach to negotiation and mediation is to...

A shipless shipping contract: a fish out of water

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A shipless shipping contract: a fish out of water. The Transport Secretary signing a contract for shipping services with a company with no ships could be a script from the 'Yes Minister' TV series and books. But, as we know, it is not fiction. Chris...

Can you really 'Separate the People from the Problem'?

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Can you really 'Separate the People from the Problem'? This is the first of four principles of 'Getting to Yes', the seminal book on negotiation by Fisher & Ury. More often than not, when negotiating or mediating a dispute, I find that...

Recovery of legal costs in the Courts of England and Wales

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This is for guidance only and not legal advice. Before relying on anything stated below, the reader should take independent legal advice. 1. In England and Wales, the courts apply what American lawyers call ‘costs shifting’ (although the US...

All fair in love, war and commerce?

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This article first appeared in the on-line newsletter of the Law Society’s Civil Litigation Section , of which the author is currently the chair. The traditional position under the contract law of England and Wales (which I shall, with no...

"Playing the percentage game": the use of percentages to express the chance of litigation success

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60 second summary: We are used to, and think we understand, percentage probability. Lawyers and their clients find it a useful tool in communicating and understanding the chance of success of a piece of litigation. ...

Civil litigation: 'Discovery' is not the same as 'Disclosure' (forensic e-providers please note)

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Every other day, it seems, I receive marketing emails or phone calls from firms offering forensic services in the field of electronic document disclosure. What some offer me, though, is an ‘e- discovery ‘ service. Save your time! I am a...

Lord Justice Jackson delivers his report on Fixed Recoverable Costs: 31 July 2017

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I have just ‘hot-footed it’ from the Law Society in Chancery Lane, where, this morning, Lord Justice Jackson (‘LJJ’) presented his report on Fixed Recoverable Costs (entitled “Review of Civil Litigation Costs:...

Brexit report on "justice for families, individuals and businesses"

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The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at...

My Submission to Lord Justice Jackson's Review of "Fixed Recoverable Costs"

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onathan Haydn-Williams has made a written submission to Lord Justice Jackson’s review of “Fixed Recoverable Costs”. His 30 second summary: Jackson LJ is to report later in the year on proposals to limit the legal...

Brexit and Article 50 - A Summary of the Judgment of the High Court of 3 November 2016

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From screaming headlines to more sober assessments, much has been written about this decision of the High Court since it was delivered earlier this month. Early in December, an appeal by the government is to be heard by the Supreme Court. The judgment is 31...

Guidance notes for parties engaging in mediation

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What is mediation? Mediation is a voluntary process in which parties to a dispute seek to resolve it with the assistance of an independent and impartial mediator. This may be done by means of the parties and...

R v Secretary of State for Exiting the EU: Judgment of the Divisional Court

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Attached r-v-secretary-of-state-for-exiting-the-eu is the Judgment approved by the Court (subject to editorial corrections) as delivered today. Decision: “the Secretary of State does not have power under the Crown’s...

A little legal common sense goes a long way: in memoriam John Greenwood Collier

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On Friday, I attended a memorial service in Cambridge for my former law tutor, John Collier. ‘JC’ was a brilliant lawyer, who understood not only the fine detail, but also the essence of a legal issue – which he had the knack of setting out...

Binding alternatives to litigation

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Jonathan Haydn-Williams gave a seminar on 7 July 2016 to the Association of Partnership Practitioners on “Binding Alternatives to Litigation”, namely Arbitration and Expert Determination. A copy of his written presentation is...

Constitutional aspects of Brexit

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Executive summary: The EU Referendum was advisory, not binding; no UK decision on ‘Brexit’ has yet been taken; although EU law has primacy, the UK has never given up sovereignty to the EU; the issue of whether Parliament has to legislate for a...

Mediation could end the Junior Doctors' strikes

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The dispute between the BMA Junior Doctors and the Government is one where mediation should be attempted asap. Were it a commercial dispute, mediation would probably already have been tried and, with a high success rate (70% – 80% often reported), a...

ALERT! Deadline looms for insolvency claims

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Please note the following in respect of insolvency claims: the sizeable premium for an ATE (After the Event) insurance policy to cover the risk of losing and having to pay an opponent’s costs will no longer be recoverable from...

Flooded? Hints about making an effective insurance claim

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A flooded home is a horrible experience. But you have been paying your insurer to cover you against just such a possibility. So you should receive financial and other assistance in putting your property back in order. At least that’s the theory. In the...

Dispute resolution: review of 2015 and letter to Father Christmas

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It might seem a bit early to be reviewing the year when there is another month to go, but the Christmas lights are up in the streets and the TV ads have been on our screens for weeks. And with less than 4 weeks to Christmas, it is time to send a letter to...

LCIA (The London Court of International Arbitration) Introduces New Arbitration Rules

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The LCIA’s new arbitration rules (“Rules”) were introduced on 1 October 2014. They apply to all LCIA arbitrations commenced on or after that date, even if the arbitration agreement (usually found in a clause in a contract) was entered into...

A short introduction to Arbitration

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Definitions : A simple definition : A private court A detailed definition: A consensual, private, dispute resolution technique, governed by statute, by which a neutral tribunal, acting fairly and...

Liquidators, Trustees in Bankruptcy and Administrators BEWARE: ATE Premiums & CFA Success Fees will Soon be Non-Recoverable in Insolvency Proceedings

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This note is relevant to liquidators, trustees in bankruptcy and administrators (“office holders”) who have, or may have, claims which, prior to April 2015, they ought – or wish – to bring against any third party on behalf of the...

"Arbitrate, don't Litigate"

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It is said that, many years ago, a disgruntled litigant used to walk up and down in front of the Royal Courts of Justice, wearing sandwich boards declaring “Arbitrate, don’t Litigate”. I don’t know what bitter experience led him to...

Mediation Update

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We report on two aspects of mediation: selecting a mediator and the perils of not responding to a mediation proposal. Selecting a mediator The selection of a mediator involves the parties agreeing on a choice of mediator....

Reorganising the Regulation of Financial Services in the UK: The Financial Services Act 2012

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On 1 April 2013 new legislation comes into force that will radically change the regulation of financial services within the UK. These changes will be made by the Financial Services Act 2012 (“Act”), which will abolish the FSA, replacing it with...

Important Changes to English Litigation Costs - Part 1

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Kent : “This is nothing, fool” Fool : “Then ’tis like the breath of an unfee’d lawyer …” (King Lear, Act 1 Scene IV). That exchange from Shakespeare’s pen probably still represents a widely held view that...

Infringement of Copyright in Non-Fiction Works: From Luxembourg to Darlington

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UK law gives a copyright owner of a literary work the exclusive right, for a specified period of time, to control certain restricted acts, such as copying the work, issuing copies of it or communicating it to the public or making an adaptation of it. The...