Financial dispute resolution in the United Kingdom

2013 ◽  
pp. 35-63
Author(s):  
Shahla F. Ali
Keyword(s):  
United Kingdom ◽  
Dispute Resolution ◽  
The United Kingdom

16. Introduction to Judicial and Dispute Resolution Functions

Public Law ◽  
2019 ◽  
pp. 484-500
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Dispute Resolution ◽  
Judicial Independence ◽  
Court System ◽  
Public Authorities ◽  
System A ◽  
The United Kingdom ◽  
Administrative Justice

This chapter provides an overview of the themes covered in Part 4 of the book, consisting of Chapters 16 to 20. Chapter 17 examines the constitutional position of judges within the United Kingdom, looking in particular at judicial independence and at the process by which judges are appointed. Chapter 18 looks at redress mechanisms outside the court system—a terrain often referred to as the landscape of ‘administrative justice’. Chapter 19 examines the grounds on which the courts will judicially review the legality of actions taken by public authorities; Chapter 20 examines the use of human rights arguments against these authorities.

20. Trade mark and domain-name issues

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
United Kingdom ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Domain Name ◽  
Trade Marks ◽  
The United Kingdom ◽  
Related Trade

This chapter focuses on trade mark protection in the United Kingdom. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.

Alternative Dispute Resolution and Insights on Cases of Greek Cultural Property: The J.P. Getty Case, the Leon Levy and Shelby White Case, and the Parthenon Marbles Case

2016 ◽  
Vol 23 (4) ◽  
pp. 433-457
Author(s):  
Irini Stamatoudi
Keyword(s):  
United Kingdom ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Country Of Origin ◽  
Cultural Property ◽  
The United Kingdom ◽  
Pros And Cons

Abstract:This article examines the pros and cons of alternative dispute resolution (ADR). It also examines two cases in which Greek cultural treasures were returned to their country of origin by a US museum and a US collector on the basis of negotiations: the J.P. Getty Museum and the Leon Levy and Shelby White cases respectively. The Parthenon Marbles case is also examined, especially in light of the UN Educational, Scientific and Cultural Organization’s recent (2013) invitation to the United Kingdom (UK) to accept mediation on the matter and the UK’s even more recent (2015) rejection of the invitation. In all three cases, the facts are set out and the author attempts an assessment of the ADR means used. Conclusions are drawn as to whether ADR is a feasible and beneficial option for the parties and whether, nowadays, it constitutes the norm in cases when cultural treasures are returned to their countries of origin.

Part II The Member State Reports on Transposition of the Directive, 18 United Kingdom

2018 ◽  
Author(s):  
Rodger Barry
Keyword(s):  
United Kingdom ◽  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Competition Authority ◽  
Joint And Several Liability ◽  
The United Kingdom ◽  
Eu Competition Law ◽  
The Uk ◽  
Private Litigation

This chapter focuses on the transposition of the Antitrust Damages Directive in the United Kingdom. It first provides a general background on the transposition process, with emphasis on developments in relation to private litigation involving both UK and EU competition law in the UK courts. It then considers the substantive and temporal scope of the UK transposition measure before analysing some of the specific issues concerning implementation of the Directive, such as those relating to limitation periods, binding force of competition authority decisions, disclosure and protection of certain documents/admissability of evidence, presumption of harm and quantification of damages, passing-on defence and indirect purchasers, joint and several liability, parent company liability, consensual dispute resolution, collective redress, litigation costs and funding, and specialised court structure.

scholarly journals Understanding the Nature and Process of Alternative Dispute Resolution and Collective Conciliation: Lessons from United Kingdom, Canada, South Africa and Japan

2017 ◽  
Vol 10 (11) ◽  
pp. 103
Author(s):  
Ige Adejoke Yemisi
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Dispute Resolution ◽  
Trade Unions ◽  
Alternative Dispute Resolution ◽  
Empirical Studies ◽  
Systematic Investigation ◽  
The State ◽  
Employment Relationship ◽  
The United Kingdom

This paper presents a systematic investigation into previous studies, conducted among scholars on the nature and process of Alternative Dispute Resolution and collective conciliation in some selected countries. It presents an assessment of previously conducted empirical studies on the factors that shape the nature and process of ADR and collective conciliation. It examines how these factors influence the attitude and opinion of the users of the service and impact on outcomes in practice. The findings of the study illustrate the significance of the state and its machinery in the establishment and funding of ADR institutions. It demonstrate the importance of trade unions and management representatives acknowledging their inability to resolve their dispute and the extent which their request for conciliation indicate their level of trust and confidence in the process as evident in South Africa, the United Kingdom, Canada and Japan. In addition, the findings establish how the behaviour of the state, as reflected through its approach to the employment relationship influences the actions and perception of trade unions and management representatives. The study recommends that in order to further increase the trust and confidence of trade unions and management on the outcomes of dispute resolution, the neutrality and confidentiality of the process of conciliation is essential. The role and style of conciliators during resolution is also important because; it has the tendency to influence the assessment of trade unions and management representatives during negotiation and impact on their attitude to the process and outcomes of conciliation in practice.

20. Trade mark issues

2020 ◽  
pp. 364-376
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
United Kingdom ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Internet Search ◽  
Trade Marks ◽  
The United Kingdom ◽  
Related Trade

This chapter focuses on trade mark protection in the United Kingdom and its operation in the context of Internet related activities. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.

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