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Arbitration Tag

Madison Legal > Posts tagged "Arbitration"

What Is Alternative Dispute Resolution (ADR)?

What Is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution (ADR) is a means of settling a dispute, conflict, or claim without courtroom litigation. Instead, the parties involved agree to use an ADR process such as mediation or arbitration. ADR has gained broad acceptance by the public and the legal profession. In the United Kingdom, anyone who doesn’t want to go to court over a civil (non-criminal) matter is free to choose ADR so long as all parties agree to it. When a lawsuit is pending, in some cases courts encourage or require the litigants to use ADR to help settle disputes more amicably and reduce the court...

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How do I claim for breach of contract?

How do I claim for breach of contract

A breach of contract can occur when a party to the contract fails to fulfil an obligation under an agreement or breaks the terms of the agreement. There are several legal hurdles to overcome in order to be successful in a breach of contract claim. What is a contract? A contract is a promise or an agreement between two or more parties that is legally binding. This promise can either be made expressly in writing or implied, which means it was communicated orally or by conduct. A contract arises when an offer is made to one party, which is then accepted by another. There must...

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What Is Civil Fraud?

WHAT IS CIVIL FRAUD?

Fraud can best be described as the deliberate or intentional use of misrepresentation, deception, or dishonesty to deprive, in order to make a gain or achieve an advantage for someone or something or to disadvantage or cause loss (usually financial) to another person or party. That said, it is not always necessary that a scenario which has, at its heart, elements of dishonesty, requires establishing actual dishonesty on the part of some or all of the protagonists in order to seek a civil remedy.   Fraud is defined differently depending on whether you are acting in a civil or criminal context, and...

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What is a Freezing Injunction?

What is a Freezing Injunction?

A freezing order/injunction is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgement has been enforced. Nature of Freezing Order Freezing injunctions are used in domestic cases, however, this form of remedy has a higher importance in international commercial litigation. The reason is that international parties are generally more interested and have the ability to move assets between jurisdictions. The freezing injunction claim does not give any title to the frozen property, nor does it make the claimant entitled to any additional damages from the defendant if...

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Missing a Court deadline, What is next? – A practical summary

Missing a Court deadline, What is next? – A practical summary

This note will consider the importance of complying with Court directions and orders within proceedings and what to do if you missing a court deadline. It does not deal with any issues under the [Limitation Act 1980].  Directions – A timetable for trial   After the parties have served their claim, defend any reply they should try to agree directions. If the parties cannot agree on directions, it will be left to the Court to determine them at a short hearing known as a Costs and Case Management Conference (“CCMC”). The Court will also approve, or determine, the parties’ costs budgets at the...

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What is the difference between a barrister and Solicitor?

What is the difference between a barrister and Solicitor?

Briefly, barristers usually practise as advocates representing their clients in court. On the other hand, solicitors tend to do the majority of their legal work in a law firm or in the office. In today’s blog, we have a look at the major differences between the two. Barrister and Solicitor What does a barrister do?   A barrister, sometimes referred to as Counsel, is a qualified legal professional who offers specialist advice whilst representing, providing advocacy, and defending a client in court or at a tribunal.   They are the lawyers who present the case at Court but will also provide specialist advice to the client...

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