Elysium Law’s Post

My latest article for Elysium Law exploring Churchill v Merthyr Tydfil and the significant impact it has had given the Court’s power to compel Alternative Dispute Resolution (ADR). It looks at the background of the matter, considers the decision and analyses the implications of the decisions going forward. It also has practical advice for litigators. Read more here: https://lnkd.in/eTpRZUUu #adr #litigation #legalinsights #cpr #mediation #alternativedisputeresolution

A recent decision by the U.S. Supreme Court addressed the issue of the enforceability of arbitration agreements in contracts and the ability of the federal courts to create arbitration-specific waiver rules. How might this holding impact South Carolina law? Read our latest blog post to find out: https://lnkd.in/eDpqRFi9

While the Churchill v Merthyr Tydfil Borough Council grabbed the headlines last year, there were a number of other developments lawyers should be aware of. 📝 Learn about these here - https://hubs.ly/Q02v7xM90 📽️ You can also watch our webinar 'Mediation Legal Landscape Update - What Lawyers Need to Know in 2024' here - https://hubs.ly/Q02v7BgR0 #mediation #disputeresolution

Still a long old road ahead, I suspect, before we start to see Court-ordered mediations taking place in large numbers. I'm not sure that contested applications for a 'Churchill Order' will be as straightforward a business as some people are thinking. The early battles are likely to be costly to fight out. The interesting shift will be in tactics. Because a 'forced' mediation has different dynamics to the hitherto consensual process we all know and love. I expect a lot of parties and party representatives (where they are the 'reluctant' delegate) will be doing the bare minimum to comply - just enough to get through the day. Mediators will need a bespoke strategy for these scenarios - how do you 'work' parties who are only there because a Judge has ordered them to turn up and participate? I guess it's not a million miles away from having to attend a National Speed Awareness Course (where it's points on your licence if you don't show up). Personally, I've never had to go to a Speed Awareness Course (no, really!) But I imagine those sessions are not big on user engagement. Got to feel for the Course Leader when, at the end, they flash up that slide that says: "Any Questions?" 😐

Don’t ignore an invitation to mediate. it has long been the case that ignoring a mediation proposal is unreasonable, not just actually refusing to mediate. The two approaches are the same. The Court has, since the cases of Halsey v Milton Keynes [2004] EWCA Civ 586 and PGF v OMFS [2013] EWCA Civ 1288 been prepared to penalise a party to litigation who stays silent and ignores an offer to mediate. Read more…… https://lnkd.in/gx3HEzvm #mediate #mediation

Law firms acting for the Landlord. Please take instructions from your publicly funded client before you reject a claimant's invitation to mediate. It's cost saving and reduces friction in a position where both parties need to encouraged to compromise so their relationship is preserved beyond the dispute you're involved in ? You can get a win/win agreement

🚨 Belgian Constitutional Court referred questions of legal professional privilege for in-house lawyers to the European Court of Justice... On 7 November 2024, the Belgian Constitutional Court issued a landmark judgment on the annulment appeal of the Belgian whistleblowing law. Significantly, the Court referred questions concerning the legal professional privilege of in-house lawyers to the Court of Justice of the European Union (CJEU). ECLA welcomes this development as it underscores the critical importance of maintaining confidentiality for in-house lawyers across Europe. This case marks the first major review of the issue by the CJEU since the pivotal Akzo Nobel decision. We look forward to following these proceedings, which are expected to unfold throughout 2025. We will be sure to keep European corporate lawyers informed on any upcoming developments. Read and download the press release at https://lnkd.in/eSWXTwDH #ecla #inhouselegal #Inhousecounsel #generalcounsel #legalprivilege #belgium #court

🔍 The European Commission's Rule of Law report identifies lengthy court proceedings in Cyprus as a significant concern for businesses. Learn about the challenges and what can be done to improve the situation. 📖 Read the full article https://lnkd.in/dSTEeB7i #Law #Business #Cyprus #ECReport #LegalReform

{ An Exclusive Article }: Abandonment Of Arbitral Claim: An Analysis In Light Of The Dani Wooltex Judgement Stuti Singh, Associate at S&A Law Offices, explains that the Supreme Court, in the Dani Wooltex judgment, clarified that mere inactivity in arbitration does not constitute claim abandonment. Explicit or implied abandonment requires compelling evidence of a claimant’s intent to relinquish their rights, as inferred through established conduct or convincing circumstances. The Court emphasized that the failure to pursue proceedings, without more, does not automatically indicate abandonment, underscoring the importance of clear evidence in such determinations. Link to read full Article https://lnkd.in/det-D7tx #StutiSingh #SandALawOffices #AlternateDisputeResolution #ArbitrationandMediation #CommercialLitigation #ContractLaw #RiskandCompliance

We are pleased to report that Euclid Law has been shortlisted for “Boutique law firm of the year” by the Legal Business Awards for 2024. In addition to our Regional firm of the year award from GCR in the spring, we are so thankful and pleased that our achievements during the past year have now been recognised by this publication and we look forward to the awards dinner in September. #legalease #legalbusiness #legalbusinessawards2024 #boutiquelawfirmoftheyear #legal #competitionlaw #fdi