Chambers Blog

Alternative Dispute Resolution (ADR) is a suitable alternative to litigation in a wide range of cases. ADR includes mediation, conciliation, expert determination and early neutral evaluation. Under the Civil Procedure Rules a court must further the overriding objective by actively managing cases, and this includes encouraging the parties to use an ADR procedure if the court considers that it is appropriate. Failure by the parties to use ADR may place the party who refuses to consider ADR at risk of adverse consequences in costs.

Written by Simon Reed, Barrister at New Walk Chambers specialising in Alternative Dispute Resolution (ADR).

Taxi Licensing law has recently changed to widen the number of vehicles which need to be registered with local authorities. Previously, vehicles and their drivers were not regulated at all if they were hired on contracts that lasted at least seven days. This exempts several private hire vehicle categories, such as those contracted by local authorities to transport children to school by taxi, employment agency vehicles used to transport workers, and vehicles used to routinely take staff and clientele home from nightclubs. There was also some concern that the provision was used as a loophole by many firms, especially those hiring out limousines or "novelty vehicles" - such as fire engines complete with firemen for use on hen nights. Although intended for use on one night only, the vehicle would actually be rented for seven days, thus avoiding local authority registration.

From now on, any vehicle which meets the definition in section 80 of the Local Government (Miscellaneous Provisions) Act 1976 of "a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle or a London cab or a tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers" will need to be licensed by the local authority.

Written by Ian Jones, Barrister at New Walk Chambers, specialising in Licensing, Betting & Gaming Law.

 Myspace, the popular social networking site, has failed in its latest efforts to procure the domain http://www.myspace.co.uk/ from its present owners. Domain names are allocated on a first come, first served basis, but the registrar of domain names in the UK, Nominet, has the power to order that they be transferred to an organisation which can demonstrate it has rights in the domain name (such as a trademark) and that the registration of the domain name is "abusive." It was on this latter criterion that Myspace foundered; the appeal committee found that the domain name was registered prior to Myspace's existence, and that the owner's usage of the domain name had not changed such that it took advantage of Myspace's success and became abusive. Read the decision here.

The Nominet dispute resolution procedure is an innovative, mediation-led process, but operates on a quasi-legal basis similar to the regular courts. Attention to detail in pleadings and on documentation, realistic and commercial advice on prospects, and effective advocacy to Experts and Appeal Panels remains vital to success .Members of the Chambers Technology team are able to provide quality advice and representation at initial stages and throughout the DRS process.

Written by Joseph Neville, Pupil at New Walk Chambers, specialising in Technology & Construction Law.

The Law Commission has launched a consultation on wide scale reform to land law, specifically in relation to easements, covenants, and profits à prendre. The executive summary of the consultation raises the perceived problems: inadvertent creation of easements coupled with the inability of the courts to remove them due to changes in circumstances; the competing, overlapping and complex relationship of proprietary and contractual interests in restrictive covenants, and a number of other areas. The main focus of the reform is the semi-abolition of restrictive covenants and replacing them with a "Land Obligation", and a significant reduction in the circumstances in which easements and profits can be created by any other means than grant. The full consultation documents can be viewed on the Commission's site, and the deadline for responses is 30^th June 2008.

Written by Simon Liddy, Barrister at New Walk Chambers, specialising in Land Law.

In late February new laws came into force to stem illegal working in the UK. The changes to the Asylum, Immigration and Nationality Act 2006 provided for employers knowingly employing illegal workers to be given large fines or be imprisoned for up to two years. Recent statistics shows that in the two months since the new powers came into force, the UK Border Agency has caught out 137 employers. This is 10 times the figure from 2007. Businesses can protect themselves by taking simple steps to verify which employees can legitimately work in the UK under current immigration law.

Written by Fayyaz Afzal, Barrister at New Walk Chambers, specialising in Immigration Law.