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NEWS
Arbitration analysis: In this article, Robert Dean of Driver Trett and Federico Ast of Cooperative Kleros explore a pioneering AI tool designed to transform dispute resolution by harnessing the power of OpenAI’s GPT-4 and the principles of the Kleros Mediation Bridge.
NEWS
The Ministry of Justice’s report, Harnessing English Law for Economic Growth with purpose, presents arbitration and the resolution of cross-border disputes as important parts of the UK’s international legal offer and of the continued attractiveness of English law.
Q&As
This question raises the issue as to which legal entities are able to enter into a lease. It is assumed that the club wishes to enter into a lease as lessee. For the reasons which are set out below, in most cases the club will not able to hold land and cannot therefore grant a lease. There are ways in which any club might enjoy the benefit of land held under a lease, even though it is not a party to it. A Community Amateur Sports Club is the name given to organisations which are able to obtain certain taxation benefits. Essentially it gives community-based amateur sports clubs certain advantages. Full details can be found in the Community Amateur Sports Clubs: detailed guidance notes. Importantly, the scheme does not affect the legal status of the club. It gives taxation advantages to those which meet set criteria. The
CHECKLISTS
Produced in association with 4 Pump Court An adjudicator only has jurisdiction to decide a crystallised dispute, so it is important to ensure that the dispute has, in fact, crystallised. The mere fact that one party has notified the other of a claim does not necessarily mean that a dispute has arisen. Accordingly, this Checklist sets out considerations that a practitioner should take into account when determining whether there is a dispute between the parties for the purposes of referral to adjudication. For detailed guidance on what a dispute is for the purposes of adjudication, see Practice Note: Adjudication—is there a ‘dispute’?, especially the section: Crystallised dispute. For other factors that may need to be considered before commencing an adjudication, see: Issues to consider before commencing an adjudication—checklist. In determining whether a dispute has crystallised such that it can be referred to adjudication, relevant considerations
Q&As
Case Study A tenant has remained in occupation following the expiry of a contracted out lease and has continued paying rent quarterly. The parties have not entered into negotiations for a new lease. The lease contained a tenant break option, exercisable at any time on giving three months' notice. If a tenant remains in occupation at the end of a lease term with the landlord’s consent, it may be inferred that they are remaining either as a: • tenant at will, or • tenant with a periodic tenancy As between these two options, the right answer depends on the circumstances and conduct of the parties in each case. Tenancy at will or a periodic tenancy? The leading case on the point is Javad v Aqil. In this case, A was allowed into occupation of business premises in anticipation of terms being agreed for a new ten-year lease. A occupied
Q&As
The following case provides an interesting example of an insurance provider challenging a public procurement process: Brent London Borough Council (Harrow London Borough Council) v Risk Management Partners Ltd. You will find details of this case in Practice Note: Public procurement key cases—procurement procedure [Archived]. This case concerned a public procurement challenge in relation to a tender for the provision of insurance services. The claimant, a commercial insurer, brought proceedings against the defendant local authority challenging arrangements made for entering contracts of insurance with a mutual insurer in co-operation with other local authorities. The claimant challenged the arrangements on the basis that they were ultra vires and non-compliant with the Public Contracts
NEWS
Employment analysis: In the context of AI systems and discrimination, the focus has primarily been on flawed input data potentially creating an indirect discrimination risk. Daniel Gray, Associate at Mishcon de Reya, explores whether this focus has been too narrow, with the risk of direct discrimination by AI systems needing more attention.
Q&As
New guidance and templates for the Better Care Fund were issued on 25 July 2014. There are also support packs to aid local authorities with the Better Care Fund planning which can be found on the NHS website or the Local Government Association website. Revised planning guidance We draw you your attention to paragraph 5, annex 1 of the Better Care Fund - Revised planning guidance, which states: 'The Disabled Facilities Grant has been included in the Fund so that the provision of adaptations can be incorporated
Q&As
On 17 November 2017, the joint money laundering steering group (JMLSG) issued further proposed amendments to the guidance and stated on the JMLSG website that the revisions reflect ‘some refinement of the guidance to take account of some comments made by HM Treasury in the context of seeking ministerial approval of the June 2017 text’. The consultation period for the further revisions ended on 4 December 2017. The JMLSG published revised versions of its June 2017 guidance in December 2017. The new versions confirm the proposed amendments published in November 2017, subject to further amendment to Part I, paragraph 6.15, and include a number of minor editorial amendments to Part I, paragraph 1.20, and Part II, sector 16: Correspondent relationships. See: LNB News 02/01/2018 85 for more information. Finalised guidance has yet to appear on the JMLSG website, from
Q&As
The NEC have not issued any updates relating to the Building Safety Act 2022 or the new dutyholder regime inserted into the Building Regulations 2010 (Building Regs 2010), SI 2010/2214, which contains duties for principal contractors as well as principal designers, designers and contractors. The same is also true of the other standard form contracts, although it is expected that the new JCT 2024 versions
Q&As
From 9 January 2016, all businesses that sell goods or services online must provide on their website a link to the EU Commission’s ODR platform (as must all online marketplace websites). Online traders who are committed to using alternative dispute resolution (ADR) must also provide information about the ODR platform in their contractual terms. Regulation (EU) 524/2013, which deals with ODR for consumer disputes, provides some useful information on the proposed ODR platform: • Article 5(1) states 'the Commission shall develop the ODR platform and be responsible for its operation, including all the translation functions necessary for the purpose of