Practice points – Page 30
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Mis-sold swaps needed an open, affordable forum
A specialist dispute resolution forum like the employment tribunals could help offer legal redress and change culture.
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Arbitration and the common law
The LCJ’s intervention is unlikely to herald a fundamental rethink about the balance between arbitration and litigation.
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Northshoring benefits for law firms
Northern cities such as Sheffield offer many opportunities for southern law firms to gain competitive advantage and reduce costs by relocating part of their operations there.
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Planning: blocking second homes in St Ives
St Ives in Cornwall has made the most determined effort yet to block second homes. But fundamental questions remain.
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Civil justice: my vision for the Online Court
Civil justice is quite simply not available to the majority of ordinary individuals and small businesses.
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LLPs: preparing for transparency
Transparency for limited liability partnerships – a new statutory register.
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Joint enterprise: wrong turn in common law
The implications of R v Jogee for the Criminal Cases Review Commission.
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Coronial reform is crucial now
A set of local coroner services with widely varying investigation outcomes fails the bereaved.
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Understanding restorative justice
Now that legislation has enabled more widespread restorative justice, criminal defenders must understand the process.
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PI: reducing your risk exposure
Practitioners must exercise extreme caution when dealing with potential subtle brain injury.
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E-disclosure predictive coding
The use of technology in litigation disclosure looks set to become more common following a landmark judgment.
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Immigration: a challenge to the Upper Tribunal
The Administrative Court has sent a message to the tribunals that their decisions are properly reviewable.
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Commercial contracts: express terms
The Supreme Court recently clarified two key areas of commercial contracts.
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Arbitration: when ‘may’ means ‘must’
Parties should steer clear of using permissive language in dispute resolution clauses.
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Legal ‘super-exam’: too good to be true
The SRA’s proposed central assessment fails to resolve every issue which persuaded the regulator to recommend it.
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Future of legal services: in-house
What does the Law Society report foretell for the in-house sector?
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Defamation: serious harm revisited
Evidence and likelihood of harm are now critical tests in defamation cases.